Employee dismissal following violent verbal assault and threats?

Question

Having been subjected to a violent verbal threats from an employee - I want to dismiss them for gross misconduct. Is this ok to do without any warnings

Answer 1

What legal procedures for dealing with dismissal, discipline and grievances must a small business have in place?
Since 1 October 2004, all employers - regardless of size - must have minimum legal procedures for dealing with dismissal, disciplinary action and grievances in the workplace, and they must tell their employees about them.

The law, the Employment Act 2002 (Dispute Resolution) Regulations, means all employers (and employees) must follow a minimum 3-step process when dealing with most dismissals, disciplinary actions and grievances.

1.
Written explanations and complaints. Employers must put reasons for any disciplinary action or dismissal in writing to the employee concerned. Employees must put any grievances down in writing to an employer.

2.
Meeting and discussions. Employers must arrange face-to-face meetings with employees and inform them of decisions and their right to appeal.

3.
Appeals. Employees have a right to appeal against decisions, and employers must inform them of their appeal decisions.


Employers should tell their staff about the law through company literature, emails, posters and so on. A business must also set out the 3-step process in one of the following for each employee: the initial offer of employment letter, the written statement of employment particulars, or the contract of employment.

An exception to the 3-step process occurs in cases of gross misconduct: a modified 2-step dismissal procedure applies involving only a dismissal in writing and the employee’s right to appeal.

There are penalties if an employer fails to follow the correct procedures: a dismissal becomes unfair, giving the employee the right to claim ‘unfair dismissal’, a minimum of four weeks’ pay is awarded to the employee, and any compensation is increased.


Also, check out ACAS.org.uk

Answer 2

UK Law...

What you should do is suspend the individual on full pay whilst you get a collegue or senior manager to investigate. It is always best to go through the process of investigation, meeting and appeal. This will make sure that the individal does not make any money out of your for not following the statutory discipline and dismissal procedures.

So I suggest....
1. suspend the employee on full pay - pending further investigation
2. get a colleague to investigate if possible.
3. Send them a letter to invite them into a disciplinary hearing, giving them at least 4 hours notice. Make sure you state in the letter the allegations and what you will be discussing during this meeting. Give them a time, date and location for the meeting, state who will be present and let them know it is their statutory right to be accompanied by either a trade union representative or a fellow colleague. State that the allegations are of a gross misconduct offense and may or may not result in a disciplinary sanction and/or their dismissal.
4. at the meeting, have someone to take notes and someone to chair the meeting. Put forward the allegations to the employee and give them a chance to defend themselves... once all is heared and there is no more to add, adjourn and consider the evidence.
5. If you feel that the defense is weak (i.e. there is no reasonable explanation for their behaviour, it is not out of character and is unacceptable, then you may wish to dismiss with immediate effect (summary dismissal). This depends on whether it is in your policies and procedures as well as the terms and conditions of employment.

Hope this helps.... good luck.

Answer 3

If the boot was on the other foot and you had abused them then you would find yourself with a case being pursued against you.

I feel that no one has the right to place another individual in this position of feeling vulnerable whether employee or employer therefore I think that you would be well within your rights to ask for the individual to resign and retain that dignity or to face dismissal listing any reason possible and you have endless to choose from
Serious misconduct, violent abuse, violent verbal abuse, unreasonable personal behaviour against another work colleague, serious misconduct against you as an employer. You choose.

I certainly would not have an individual of this nature working for me. They would be asked to resign or be fired there and then.

Good luck

Answer 4

I would definitely think so. "Summary dismissal" comes to mind, though I'm not a lawyer.

Putting people in fear of their lives has no place in the workplace, or anywhere else!

BUT, in this age of law suits and tribunals, I would strongly suggest you urgently contact your legal representative for their take on things before going ahead and having security escort the culprit from your building.

Also, make sure you have another person in there with you (HR?) as a witness and also to safeguard your wellbeing.

You didn't say what made the employee lose his/her cool like that ... I'm not condoning violence in any way but could it have been something that YOU did wrong ...?

Answer 5

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Answer 6

Were there any witnesses? Otherwise, it's just his word against yours. If you have documented proof of verbal threats of bodily harm, then yes, it's a criminal act. As for profanity and verbal insults, you're best to simply ignore the idiot.

Answer 7

You can absolutely do this unless your employee is under contract. If there is a contract in place, you will have to get an attorney involved to dissolve the contract (unless you have a conduct rider in the contract). But if there is no contract, cut him loose.

Answer 8

yes, personal physical violence in the work place should not be condoned or hidden at anytime, they know the consequences of thier actions, they`re not children, if you are in an administrative position do what you must, decisively and promptly.

Answer 9

Please be more specific. Your ability to do this is hinged on specifically what happened. Would be happy to give you some solid advice with more information.

Answer 10

I think so.But try and talk to a lawyer if you can.