how does my mate stand legally???????????

Question

a mate of mine had an argument with a lad at his workplace that ended with them both grabbing hold of each other.....the lad has been tryin to wind him up for a while....the lad then went to the office & said my mate had hit him(which is lie)..the manager is due back soon & is the lads brother!!!!!! how does he stand legally???cos this lad as said he is gonna get him sacked......any help would do....thanks........

also there were no witnesses the incident..

Answer 1

The Manager will probably just tell both parties to stop messing around and get on with their work. He will put his own position in jepody if he is not careful.

Answer 2

It really depends on who started the altercation and who - if anyone - witnessed the situation. Generally, assault charges are given to the individual who first touched the other. Although there are numerous exceptions written within the law, my guess is that your friend will be fine in terms of actual solid legality. The other question at hand - your friend's job situation - may be a complete different story. In the state of Texas for example, an employee can be let go with little regard to explanation or feedback. So depending on your state laws, your friend may be out of luck. The flip side is simple - find a lawyer and file suit on the company and individual for compensation.
I wish you and your friend the best of luck.

Answer 3

well for one thing were there any witnesses, to this argument? if so could your mate get get them on his side?? if not your mate still has rights, technically you need verbal,written ,and finally a last warning before he can sack him? only on gross misconduct, as in thiefing, damage etccould he get dismissed, and if he does take it to a court of hearing for unfair dismissal? whats the manager like, is he a fair bloke,if he is i doubt he will want all the hassle,running a buisness is hard enough without dealing with cat fights? probably give em both a slap on the wrists, because his brother should be looking after his buissness while he was away,so he wont want to come back to this? if you ask me his brother will probably come off worse than anyone?

Answer 4

perplexing this one as there have been no witnesses. in the beginning, violence interior the place of work is unacceptable no rely what the provocation, and could carry approximately dismissal on the grounds of gross misconduct (this could be conscious to the two events). because of the absence of witnesses, i could doubt if the two/the two are disregarded, yet, they might obtain an extremely final written warning. the certainty that the administrative and 'lad' are appropriate shouldn't make any distinction below regulation/enterprise rules. if your mate is in a Trades Union, i could propose that he seeks their advice promptly and of direction he has the prospect to ask them to attend any/all disciplinary hearings with the enterprise.

Answer 5

Hopefully your mate had witnesses to the incident who are wiling to tell the truth, he's in a jam...maybe the boss doesn't like his brother and finds him irritating too...maybe he will be the one fired....only in a perfect world!!!!

Answer 6

If he is sacked for this , his only recourse is to claim for unfair dismissal . The job centre will advise him on this.

Answer 7

any aggressive behaviour is likely to be viewed as gross misconduct and therefore immidiate dismissal
But if the boss takes that route he ha to fire both if they were both acting up.
If he just tries to fire your mate then stick up for him, don't let him catch you on YA though.

Answer 8

Stay out of it and let management handle it. If it was me, I would fire them both.

Answer 9

Sounds to me like he'd be better off out've there.

Answer 10

has he any witnesses? because this will help.