Mad Moe
Member
Registered: 14th Jun 01
Location: Northumberland
User status: Offline
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I have just been informed that one of our site based employees was involved in an unprovoked assault on an elderly Gentlemen. Obviously I need to establish that this definitely the case however assuming it is am I within my rights to sack him on the spot? I dont want any scumbag of this type associated with our company.
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Jamie Walby
Member
Registered: 15th Nov 04
User status: Offline
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Guess you would need to prove beyond any doubt he is guilty.
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Ben G
Member
Registered: 12th Jan 07
Location: Essex
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twas the case where i work.
guy beat the foreman up, guy got marched off by security and sacked.
need conclusive evidence though and witnesses.
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Mad Moe
Member
Registered: 14th Jun 01
Location: Northumberland
User status: Offline
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Assuming I could prove that he had committed the crime would that constitute grounds for dismissal?
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Mad Moe
Member
Registered: 14th Jun 01
Location: Northumberland
User status: Offline
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Sorry I should have been more clear this incident happened outside of working ours
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spencer88
Member
Registered: 6th Oct 08
Location: cornwall
User status: Offline
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Surely not an employment issue then?
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Liam
Member
Registered: 19th Jan 06
Location: Stafford
User status: Offline
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quote:
Originally posted by spencer88
Surely not an employment issue then?
Makes the company look bad?
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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quote:
Originally posted by Mad Moe
Sorry I should have been more clear this incident happened outside of working ours
I wouldn't have thought you could just march in and sack him because you don't agree with choices he makes in his personal life.
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RichR
Premium Member
Registered: 17th Oct 01
Location: Waterhouses, Staffordshire
User status: Offline
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Suspend him with immediate effect pending invistigation on the grounds of bringing the company into disrepute then sack him after running it past your legal contacts to ensure you're legitimitely entitled to
[Edited on 14-11-2012 by LiVe LeE]
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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Has he not been prosecuted for it? Do you not have a policy on criminal records, etc?
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Dan
Premium Member
Registered: 22nd Apr 02
Location: Gorleston on Sea, Norfolk
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I'd say it's awkward. What's to say it was unprovoked. The victim could have been provoking numerous times in the past and had it coming etc.
Adult GiftsClick here to vist us
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Haimsey
Premium Member
Registered: 8th May 05
Location: Nottingham Drives: Corsa B
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I dong see how it's grounds to dismiss the person.
What if it was an unprovoked attack on a 21 year old. I feel the 'old' person is aggravating the impression you get reading it.
Marcy Marc 
White Sport Progress Thread
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
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It's an old guy so by default he's probably an arrogant bastard. Probs deserved a smack really 
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Matt L
Member
Registered: 17th Apr 06
User status: Offline
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im sure you could sack him, obviously get proper legal advice on it.
seen as in this day and age you can get sacked for bad mouthing your company/boss on faceache then im sure assult would be acceptable reasons.
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spencer88
Member
Registered: 6th Oct 08
Location: cornwall
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quote:
Originally posted by Brett
It's an old guy so by default he's probably an arrogant bastard. Probs deserved a smack really
I can't see how it is grounds for instant dismissal.
The accident happened outside work, although yes it may look bad on the company, surely a warning would be more appropriate especially since you don't know the whole story?
I know accidents out side of work can lead to being sacked, but normally for companies in the public eye, such as the police or army etc.
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Jamie Walby
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Registered: 15th Nov 04
User status: Offline
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quote:
Originally posted by Dan
I'd say it's awkward. What's to say it was unprovoked. The victim could have been provoking numerous times in the past and had it coming etc.
Thats a good point you raise there. I myself have been in a position before where someone has pushed me for months and months without me reacting. The time I did he hadn't done anything to deserve it just caught me at a bad moment and I, kind of regrettably, punched him 
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Brett
Premium Member
Registered: 16th Dec 02
Location: Manchester
User status: Offline
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Walby one bomb 
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_Allan_
Member
Registered: 24th Mar 04
User status: Offline
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I pushed an old guy down a helter skelter once....
wait for it....
He died 
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Mad Moe
Member
Registered: 14th Jun 01
Location: Northumberland
User status: Offline
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From what I can gather the guy was in his mid 80s walking home from the local shop when said employee and accomplice attacked him for no apparent reason resulting in the guy requiring a visit to the hospital for his injuries. The pair were subsequently arrested and released pending further enquiries.
If this report turns out to be accurate I simply do not want this person working for or associated with our company.
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Daveskater
Premium Member
Registered: 29th Apr 08
Location: Oxford, UK Drives: Jap wagon
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If they were convicted then you can probably sack them on the grounds of gross misconduct, depending on what your contracts say. Ours has something that covers this situation under the list of things that constitute gross misconduct, so it would be worth checking.
Numberwang!
Originally posted by AlunJ
I like you Dave, you are a man of men
Originally Whatapp'd by Neo
Dave's maybe capable of a drive-by cuddle
Look at my pictures
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Jamie Walby
Member
Registered: 15th Nov 04
User status: Offline
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quote:
Originally posted by Brett
Walby one bomb
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LeeM
Member
Registered: 26th Sep 05
Location: Liverpool
User status: Offline
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quote:
Originally posted by Mad Moe
From what I can gather the guy was in his mid 80s walking home from the local shop when said employee and accomplice attacked him for no apparent reason resulting in the guy requiring a visit to the hospital for his injuries. The pair were subsequently arrested and released pending further enquiries.
If this report turns out to be accurate I simply do not want this person working for or associated with our company.
whos told you and have you got any evidence? could be a rumour for all you know. prett ysure youd have to wait until he'd been both charged and convicted as well
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Steve
Premium Member
Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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if i got into a fight in a night club, i wouldnt expect to walk back into work and be sacked.
granted beating up an old man is slightly different, not sure where the line would get drawn though, or there even was one legally
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Demo
Member
Registered: 27th Sep 01
Location: south wales Drives: astra sri ecoflex
User status: Offline
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Employment law is different to criminal law.
Employment law you need grounds of reasonable belief whereas criminal law you need prrof
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Gary
Premium Member
Registered: 22nd Nov 06
Location: West Yorkshire
User status: Offline
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Get rid for bringing the company into disrepute. It could affect business if folk know what he's done and that he works for you. I wouldnt use your company if i knew you employed guys that beat up OAPs.
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