how does my mate legally stand in this situation??????

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

It sounds as though your mate has had it however you look at it, as even if he holds on to his job the other fellow will continue to harass him. He might, however, be able to bring a case before the Employment Tribunal and establish that the Manager was biased in favour of his brother and discriminated unfairly against your mate (if things follow their natural course, that is). There is also the possiblity of leaving of his own accord (they may put pressure on him to do this) and then suing for constructive dismissal. This link gives you some information about bringing a case. http://72.14.253.104/search?q=cache:V6ZYzA_VvKYJ:www.thompsons.law.co.uk/ltext/l1020001.htm+employment+tribunal+unfair+dismissal&hl=en&gl=us&ct=clnk&cd=1

Answer 2

Difficult this one as there were no witnesses. Firstly, violence in the workplace is unacceptable no matter what the provocation, and may lead to dismissal on the grounds of gross misconduct (this should apply to both parties). Due to the absence of witnesses, I would doubt if either/both are dismissed, but, they may receive a final written warning. The fact that the manager and 'lad' are related should not make any difference under law/Company Rules. If your mate is in a Trades Union, I would suggest that he seeks their advice quickly and of course he has the opportunity to ask them to attend any/all disciplinary hearings with the employer.

Answer 3

The lad's brother is likely to know what the lad is like, so may not automatically take his side.
You don't say who was left in charge in the absence of the manager, or what action was takin in responce to the lad's report.
A good company will have grievance proceedures set down in the company handbook. If not, your mate's best option is probably to submit a report of the incident in writing.

Answer 4

In my experience the "Lad" is relying on his relationship with the boss to carry him through the conflict. Your mate should file a complaint with whoever is supposed to be in charge in the boss's absence. These kind of people are a hindrance to production and most everyone who hires a relative finds this out sooner or later. I would also advise your mate to encourage his fellow employees to report any similar situations as I can guarantee that this lad has pulled this kind of shite before only so far no one has reported it.

Answer 5

Who touch who First thats who is legally screwed. If your freind Gets fired and The other guy acctauly Did hit him first, That means he can sue for Hazordes workplace enviorment and unlawful disscontuation of work or Nepitisom(Giving someone in the work place an advantage because you are related). And Press charges but if your freind threw the first punch or touch hes canned. good luck.

Answer 6

If force was used against him he should've taken it an leave. Then complain to management and have the other person fired. However, since he reciprocated it is likely that they both will be let go. They are now a danger to the rest of the employees. Failure to let them go would endanger the rest and if something were to happen it would make the company liable.

Answer 7

if the lad is his brother then he will know he is lying he will know him well.
your mate needs to write to his boss explain the situation get that letter on his desk first thing and if he is sacked he can get them for unfair dismissal cos he didnt receive any warning before and it wasnt all his fault.

Answer 8

It's assault charges for both of them, and your mate is probably going to lose his job. Best not to get involved with dominating arrogant dipsticks like that "lad", I'd say. Excrement occurs.

Answer 9

if theres no witnesses, and no proof, ie blood and snot all over the place...then its A's word against B's. and if as you say A's relly is the manager, and he finds for A then its tribunal time... and B would have a case under the unfair dismissal procedures.

Answer 10

most towns and cities have noise ordinances. find out what yours are and if you're ready to go nose-to-nose with your neighbor, call in a complaint every time the dogs are violating the noise ordinance. Pretty soon the local police will get sick of you calling and will do something about it.