kyska Posted February 5, 2016 Report Share Posted February 5, 2016 Thanks lads. A colleague threatened me and I pushed him off me. He made contact first. He latter threatened my home and family. My manager has an agenda against me so concentrated all disciplinary procedures on me and took no action whatsoever to the other colleague. Ignored witness's and took no statements other than a select few. This is a new manager and the whole work place has issues with him. I am an opportunity for muscle flexing. Finding job elsewhere is not a problem however, all this has been stressful and some compensation may be handy between jobs. Thanks lads. It's difficult then fella, that sounds like you've been had over for violence, gross misconduct. Unfortunately I think the very best you'd get from this is a headache. Quote Link to comment Share on other sites More sharing options...
BrowningB525 Posted February 5, 2016 Report Share Posted February 5, 2016 Thanks lads. A colleague threatened me and I pushed him off me. He made contact first. He latter threatened my home and family. My manager has an agenda against me so concentrated all disciplinary procedures on me and took no action whatsoever to the other colleague. Ignored witness's and took no statements other than a select few. This is a new manager and the whole work place has issues with him. I am an opportunity for muscle flexing. Finding job elsewhere is not a problem however, all this has been stressful and some compensation may be handy between jobs. Thanks lads. I'll be honest, compensation in that situation would be so small, it's not worth bothering with. Quote Link to comment Share on other sites More sharing options...
grrclark Posted February 5, 2016 Report Share Posted February 5, 2016 (edited) Based on what you have posted I would say that you have very little recourse unless as Mungler has stated there is an 'ism involved. If you could demonstrate that you had been bullied, discriminated against for age, sexuality, religion, etc then you have a shot, otherwise the ball is burst. If you had previously raised a grievance or complaint against your new manager then at least you can demonstrate a prior issue, if you have nothing and nobody else has raised any concern then it will simply be marked down as sour grapes on your part. Regrettably you just need to swallow hard and chalk it down to a learning experience. Sorry to hear the news none the less. Edited February 5, 2016 by grrclark Quote Link to comment Share on other sites More sharing options...
Livefast123 Posted February 5, 2016 Report Share Posted February 5, 2016 I can't really offer any constructive advice apart from keep that chin up and everthing happens for a reason, that dream job is around the corner! Quote Link to comment Share on other sites More sharing options...
Munzy Posted February 5, 2016 Report Share Posted February 5, 2016 Sorry to hear that. I would hazard a guess that you don't have a leg to stand on with regards to employment law and compensation. Your actions have likely constituted gross misconduct in the eyes of your employer. That said, just because the official, legal basis for some sort of appeal may not exist it doesn't mean you couldn't push for some sort of "unofficial" compensation. One option would be as follows: Approach the witnesses who saw what happened and confirm that you were physically assaulted and threatened and ask them to provide a written statement outlining what they saw. Get them to sign and date the statement. Once you have the statements, write your own, sticking to the facts and ensure that all statements are consistent in facts. Then write a letter to your employer stating that you have been physically assaulted, personally threatened and that your home and family have been targeted too. State that you are unhappy with the handling of the matter by your line manager who you feel has ignored the true offender and has thus become a supporter in the assault. Make it clear that as a result of your dismissal you face financial hardship, perhaps consider coming up with a number (3 months' wages before you find another job?). Keep your letter concise, factual and clear. Request a meeting with your line manager's boss or better still your MD (depending on the size of the business). During the meeting give them a copy of your letter and very calmly talk them through it. Then explain that you are not the only person that witnessed the assault and provide them with a copy of the witness statements you have collected. Tell them that they have two highly irresponsible and unprofessional employees and the business as a whole has taken the wrong decision in firing you. Tell them that unfortunately you feel that the only course of action you can now take having been ignored by your line manager is to report the assault to the police. Tell them you want to give the company the opportunity to reconsider your dismissal or to discuss financial compensation before you notify the police that you will be pressing charges against all involved. It may seem a little heavy handed and it may seem to some members here to be out of order but in a case like this where (from what you have said) your treatment seems to be unfair but where you have no legal recourse this may be the only way to a) show the company they should not treat people like this and b) ensure you are compensated for their actions. Quote Link to comment Share on other sites More sharing options...
islandgun Posted February 5, 2016 Report Share Posted February 5, 2016 wouldnt threats against your home and family be a matter for the police Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 5, 2016 Author Report Share Posted February 5, 2016 Thank you everyone. Thank you Munzy. I will wait for the letter from my line manager and appeal to the MD as guided. I know its thin but worth a shot. Many thanks. U. Quote Link to comment Share on other sites More sharing options...
felly100 Posted February 5, 2016 Report Share Posted February 5, 2016 All the best UD. I hope you get sorted some how. Quote Link to comment Share on other sites More sharing options...
subsonicnat Posted February 5, 2016 Report Share Posted February 5, 2016 wouldnt threats against your home and family be a matter for the police I think accept it, Do Not involve P.! That would go down a treat, You may well lose your guns. Get another Job mate, and try and put it behind you, But, Your next employer will ask who you worked for previously,?, Tread on egg shells with this sort of situation.. Best of luck anyway..I consider this Good advice.. Quote Link to comment Share on other sites More sharing options...
WinchesterDave Posted February 5, 2016 Report Share Posted February 5, 2016 wouldnt threats against your home and family be a matter for the police Sorry to hear the UD:/ Depends what the threats were, threats to commit criminal damage-arrestable Affray- arrestable (A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.) Dave Quote Link to comment Share on other sites More sharing options...
islandgun Posted February 5, 2016 Report Share Posted February 5, 2016 I think accept it, Do Not involve P.! That would go down a treat, You may well lose your guns. Get another Job mate, and try and put it behind you, But, Your next employer will ask who you worked for previously,?, Tread on egg shells with this sort of situation.. Best of luck anyway..I consider this Good advice.. I find it worrying that as a gun owner and being wronged we should be not approach the police, is this the accepted wisdom ? Quote Link to comment Share on other sites More sharing options...
Tedly47 Posted February 5, 2016 Report Share Posted February 5, 2016 Sorry to hear this U, chin up mate no matter what happens I'm sure you'll get it sorted.. Tedly Quote Link to comment Share on other sites More sharing options...
Gordon R Posted February 5, 2016 Report Share Posted February 5, 2016 islandgun - the OP would really need to know that he would get support from witnesses. If the Police are involved, would the witnesses support a former colleague or fear for their own jobs and say nothing? Sadly, I suspect the latter. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted February 5, 2016 Report Share Posted February 5, 2016 First thing I would do is study the firms disciplinary policy very carefully-there is normally a very firm procedure for any action against you-if your Manager has not followed the policy to the letter then the company itself is in breach of contract and that's a whole new ball game. Look for any tiny discrepancy that made your dismissal illegal. Quote Link to comment Share on other sites More sharing options...
islandgun Posted February 5, 2016 Report Share Posted February 5, 2016 islandgun - the OP would really need to know that he would get support from witnesses. If the Police are involved, would the witnesses support a former colleague or fear for their own jobs and say nothing? Sadly, I suspect the latter. in my limited knowledge of work colleagues they will say whatever their boss wants them to, but are shooters too worried to report a grievance to police in case their guns are taken away ? Quote Link to comment Share on other sites More sharing options...
Dougy Posted February 5, 2016 Report Share Posted February 5, 2016 Sorry to hear that UD, Munzy has given sound advice,from your description of events it sounds to me that the company has not followed a normal procedure. In those types of incidents we would have those involved taken aside,statement off each and all whiteness. Then both involved suspended pending the outcome of the investigation. Why was the other guy not dealt with in any way, I assume he is a long term employee or maybe a buddy of the new gaffer. All though it's wrong make assumptions, there's one that I know has raised its head a few times at my place of work. That's management not following companies policy, it doesn't do them any favours in a court. So that could be in your favour. Quote Link to comment Share on other sites More sharing options...
subsonicnat Posted February 5, 2016 Report Share Posted February 5, 2016 I find it worrying that as a gun owner and being wronged we should be not approach the police, is this the accepted wisdom ?There is time and place for everything, Does he need to stick his neck out and find the police go back to his works, and have people who thankfully are still employed,going to back a bloke who has been sacked, think about it, They will take the Employers side..Let it all go, and die a quiet death.. or I fear you will be the loser, not accepting peoples opinions who would put you Deeper in the mire.. Best of Luck.. Quote Link to comment Share on other sites More sharing options...
Dougy Posted February 5, 2016 Report Share Posted February 5, 2016 Why will the police get involved, think you've been watching too many haribo adverts. Quote Link to comment Share on other sites More sharing options...
grrclark Posted February 5, 2016 Report Share Posted February 5, 2016 (edited) From a devil's advocate point of view and to perhaps avoid raising any false hope. you could pursue the approach that Munzy has suggested and from your perspective there is little harm in having a go, after all they can't dismiss you twice, however if I was the employer in question and you made an approach like that to me then it would be met with a letter telling you to away and whistle. my fear is that all you will gain is a greater sense of frustration and injustice. Having said that if you do try and pursue things i wish you well. Edited February 5, 2016 by grrclark Quote Link to comment Share on other sites More sharing options...
Gordon R Posted February 5, 2016 Report Share Posted February 5, 2016 in my limited knowledge of work colleagues they will say whatever their boss wants them to, but are shooters too worried to report a grievance to police in case their guns are taken away ? Shooters should not worry in the slightest - in theory. As subsonicnat points out - he is unlikely to get backing from former colleagues - that's life. Once the Police attend - if they do - will the manager tone down his version, or will it throw more suspicion on the OP? If threats were made in the heat of the moment - I would let it go. If the OP is genuinely worried about threats to his home - get it reported. Quote Link to comment Share on other sites More sharing options...
Dr D Posted February 5, 2016 Report Share Posted February 5, 2016 Don't be misled. There is quite alot to lose still. To get redress will require tribunal action and your former employer could fix you for legal costs. Tread carefully and seek proper legal advice. Quote Link to comment Share on other sites More sharing options...
Underdog Posted February 5, 2016 Author Report Share Posted February 5, 2016 Thanks all. Points taken. U. Quote Link to comment Share on other sites More sharing options...
keg Posted February 5, 2016 Report Share Posted February 5, 2016 Based on what you have posted I would say that you have very little recourse unless as Mungler has stated there is an 'ism involved. If you could demonstrate that you had been bullied, discriminated against for age, sexuality, religion, etc then you have a shot, otherwise the ball is burst. If you had previously raised a grievance or complaint against your new manager then at least you can demonstrate a prior issue, if you have nothing and nobody else has raised any concern then it will simply be marked down as sour grapes on your part. Regrettably you just need to swallow hard and chalk it down to a learning experience. Sorry to hear the news none the less. As an alternative, they were clearly colluding together to get you out so take them out one at a time down a dark alley when no one is looking and give them a good shoeing. Quote Link to comment Share on other sites More sharing options...
lord_seagrave Posted February 5, 2016 Report Share Posted February 5, 2016 Tell them that unfortunately you feel that the only course of action you can now take having been ignored by your line manager is to report the assault to the police. Tell them you want to give the company the opportunity to reconsider your dismissal or to discuss financial compensation before you notify the police that you will be pressing charges against all involved. This. In as nice a way as possible. If you know you're being screwed then the bosses know you're being screwed. Rinse them. LS Quote Link to comment Share on other sites More sharing options...
keg Posted February 5, 2016 Report Share Posted February 5, 2016 This. In as nice a way as possible. If you know you're being screwed then the bosses know you're being screwed. Rinse them. LS I still think the dark alley will make you feel better. Quote Link to comment Share on other sites More sharing options...
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