1. Is the difference between Misconduct and Gross misconduct the right to payment for notice
2. Other employees have had fights but with no dismissal
3. Apart from gross misconduct being instant (without the need for warning) what are the other diferences
Only sensible answers please
2006-10-13 07:59:38 · 24 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
based in uk and manger raised hand therefore i thought he was going to hit me so i acted in self defence
2006-10-13 08:16:42 · update #1
You touched him, he was only in your face. You could be arrested for assault.
Count your blessings and find a new job.
.
2006-10-13 08:02:26 · answer #1 · answered by Robby216 4 · 2⤊ 1⤋
1. No the difference between gross misconduct is did you punch his lights out or not. But from your point of view, yes one gets notice the other doesn't.
2. It's a precedent, I don't know how that'd go down in court but it's certainly to your advantage. Twist it to discrimination though!
3. Gross misconduct is exactly that, anything that is (reasonably) considered to be bang out of order.
Most big employers are wimps. If you pursue it they'll probably give you you're pay rather than bother with the hassle.
I worked for the Court Service - that's how it usually works. But also be mindful that sometimes it doesn't and lawyers are ruinously expensive. I'd go for a no win no fee arrangement.
2006-10-13 08:10:05 · answer #2 · answered by Paul E 2 · 0⤊ 1⤋
You were fired justly. Just because a person gets in your face, that is not a reason to physically touch the person. You could have been charged with Assault, he could even sue you for Battery if there was an injury to her/him. Consider yourself lucky and as a side bar, maybe look into some type of Anger Management.
2006-10-13 08:39:31 · answer #3 · answered by tat2jug 2 · 0⤊ 1⤋
If you reasonably believed that the manager was about to attack you and he has a history of aggresive behaviour then it should be the other way around. Provided you only pushed him to make him back off and not to provoke the situation. Either way the manager should not have acted this way and should be disciplined. He has abused his position of authority.
Consult a solicitor or citizens advice bureau.
Good luck.
2006-10-13 22:06:39 · answer #4 · answered by LYN W 5 · 1⤊ 0⤋
from what you state in your question(such a statement to the public is unwise)you admit to being the instigator of physical contact between the manager and yourself;so it appears that the manager was within his rights to sack you.as for payment for notice...you did not according to your statement "give your notice"to the company.you were fired!so unless your public statement was given under duress it would seem you are out on your ear!!best learn from this situation to control your reactions.sadly in life no one owes you a living!!i hope the remainder of your working life is more enjoyable.good luck.
2006-10-13 08:23:01 · answer #5 · answered by HIPPI 2 · 0⤊ 0⤋
Laws are relevant to your location. Please provide at least a location so that we can respond intelligently and insure we are relevant.
update: Based upon the new info you're in the UK, you might want to ask people what laws they are placing their comments on (that is, their locale). Country's laws differ. Where I reside, you can both be terminated and crimally prosecuted for battery. However, you shouldn't base my area's laws on your decision because you are under different ones in the UK.
2006-10-13 08:02:17 · answer #6 · answered by Robert 5 · 0⤊ 0⤋
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2016-10-19 08:18:24 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You're lucky he didn't charge you with battery which could have landed you in jail. Even when someone gets in your face you have the responsibility not to let it escalate into a physical confrontation. You pushed him and that makes all the difference in the world. You fought (physically) with the manager, not another employee. Learn from this. In the future, keep your hands to yourself, and learn to control your temper.
2006-10-13 08:10:17 · answer #8 · answered by Lola 6 · 0⤊ 1⤋
If you do not have an employment contract, then you are an at-will employee. Generally, at-will employees can be fired for good cause, no cause or bad cause. You are not entitled to a warning, you are not entitled to notice, you are not entitled to severance pay.
2006-10-13 08:09:54 · answer #9 · answered by Who_Dey_Baby? 3 · 1⤊ 0⤋
No chance for anything. You blew it when you touched him. I would've called the police on the spot, had you arrested for assault and convicted.
Get some help now before you end up in jail because of workplace violence. The world isn't going to change so it's up to you to change.
2006-10-13 08:09:37 · answer #10 · answered by Jim from the Midwest 3 · 1⤊ 0⤋
the company should have a policy concerning bullying ,harassment ,threatening behaviour at work , visit your citizens advice office ask for advice also visit the acas website. acas help line phone 08457 47 47 47.
2006-10-14 04:39:37 · answer #11 · answered by dave p 4 · 0⤊ 0⤋