Assaulted at work and then accused...

[shatteredpieces]

Hi all,

Something awful happened yesterday and I can't believe I'm going through this so I really need some help if possible. This story could go on for so long but I will try and keep it short.

 

Basically, yesterday I was suspended for 'a bad attitude' (firstly, anybody I worked with would tell you that is very far from the truth, I'm a very nice person). I disagreed with this and was called upstairs to see the owner of the business, I asked for a witness to sit in with me. The owner walked into the meeting room and told the witness "Get out now, he has no rights, I own this place, get out". he walked out and I said "I'm not having this meeting without a witness". At this point the owner blocked the doorway and forced me back into the room, I was terrified so I pushed my way past and the owner fell over. Then the IT manager ran over and pushed me into the wall and forced me onto the ground, he assaulted me and threatened me.

 

Since then I have found out that the owner has gone to the police (as I have) to accuse me of assault. I did nothing wrong, I was just trying to escape.

My problem is the owner is very rich and has lots of 'friends' and I am worried that I will not get a fair case. Also, there were 5 people present, my colleague (witness) and I, and also the owner, IT manager and HR manager, and they will side with the company, apart from my colleague, who is fully on my side.

 

I'm still very shaken up. I do suffer with some mental health problems anyway so this has really affected me. I couldn't sleep at all last night.

My girlfriend is worried that if I get charged then our baby could be taken away as social services have already been involved (she escaped from a violent person in the past).

 

I'm generally just a friendly, timid person, I really can't cope with all this.

I hope somebody can tell me where to start and what to do from here.

 

Thank you for reading

Edited August 19, 2009 by shatteredpieces

[r&b]

hi shattered,

sorry to hear of ur awful situation. im not in a position to help im afraid, maybe a call to the local citizens advice may be in order? this will bump ur thread anyway.

best of luck

[frettful38]

Sorry to hear about your situation, how long have you been working for this nutter. You should find out what employee rights are. Try and google it up, and see what it says. You have a lot of rights these days its just finding a way to exercise them

 

I am sure someone with more knowledge will be able to advise you better, don't worry too much, your in good hands here

[Nottsdave]

Hi

 

Get yourself to a solicitor (most will do a free initial consultation) choose who specializes in employment law or are you in a union ?.

I assume that you wont be going back to work for this idiot. Talk to the solicitor/union about the assault and also about how you have been treated.( "constructive dismissal.)

 

You do have rights and these should be outlined in your employment T&Cs you need to take these to show the solicitor.

Employment terms and conditions : Directgov - Employment look on this website it will give you some ideas about what you should have (employment contracts) and how to deal with your issue.

 

If you need further help just shout.

 

Notts

[sunden]

I hope you get some help with this. Citizens advice are good if you can manage to get a hold of them. I had free legal advice with my home insurance...maybe you could check that?

 

 

 

Best of luck

[jackieandwayne]

And you will not have your baby taken away - put that right out of your head now.

[shatteredpieces]

Hi again,

Thank you all for the replies. It has been an awful week!

I have some further problems I'm afraid. I do have a free consultation with a solicitor tomorrow though so that is good but I have had a letter from the employer today.

 

The letter asks me to attend an investigatory meeting tomorrow. I am apparently suspended on full pay pending results of the investigation.

It says "the purpose of the meeting is entirely a fact-finding exercise and it does not form part of the company's formal disciplinary procedure. As such, you do not have a statutory right to be accompanied at this stage".

 

They know very well I am not going there without a witness because I'm terrified! So basically they're hoping that I don't turn up because it also says if I fail to attend then disciplinary proceedings will be made in my absence.

 

I have called to say I am not attending but I don't really know what else to do?

 

Thanks again for the replies

[Ell-enn]

Have you contacted ACAS? Acas - Contact us

[notreadytogiveupyet]

you may not have the statutory right to be accompanied but you do have the right to have someone else their...... you can bet your employer will, be it the assistant manager or some one else. it may well be an investigatory meeting but dont be rail roaded.

 

Are you part of a union? use them if you are. At least you are till on full pay, thats one less stress for now.

 

As for employment rights, have you worked there for more than 12 months straight thru? Ie not quit for a bit and then gone back?

 

Oh, and please dont worry about your baby, I am recovering from a mental breakdown and my children are still with me. he/she will not be taken from you:):)

[notreadytogiveupyet]

ACAS is brilliant by the way, they will tell you all you need to know. Please dont worry, it will all come right in the end.

 

Why dont you go, but insist that due to past events you feel it would be better to have someone with you.

Edited August 20, 2009 by notreadytogiveupyet
missed a bit

[frettful38]

I'll come with you if you want and I'll speak on your behalf and give them a good piece of my mind:mad:

[notreadytogiveupyet]

can we send a cagger petition?

[sweetnsour]

Good idea but do we sign our real names or cagger name:p.?

[sunden]

Maybe someone here could advise you if you are able to delay the investigatory meeting? At least that would give you more time to let you know your rights.

 

ACAS are helpful, as far as I'm aware, the guidelines they use more or less have to be adhered to by all employers.

 

Best of luck again

[r&b]

would it not be an idea to write to them (get the letter dropped off if necessary) suggesting this 'meeting' be delayed and held on neutral ground as you, quite rightly, feel imtimidated using their 'home turf' on their terms and require accompaniment due to the nature of the problem. plus you have not been given reasonable time to seek legal advice. at least that way you have made some response.

[pink_eeyore]

Go to your doctor and get him to do a letter saying on medical advise you have been advised not to attend the meeting without accompaniment due to your existing mental health problems and the stress resulting from this matter.

 

That will delay it but then they cannot discipline you for not being medically fit to attend

[trooper68]

Hi again,

Thank you all for the replies. It has been an awful week!

I have some further problems I'm afraid. I do have a free consultation with a solicitor tomorrow though so that is good but I have had a letter from the employer today.

 

The letter asks me to attend an investigatory meeting tomorrow. I am apparently suspended on full pay pending results of the investigation.

It says "the purpose of the meeting is entirely a fact-finding exercise and it does not form part of the company's formal disciplinary procedure. As such, you do not have a statutory right to be accompanied at this stage".

 

They know very well I am not going there without a witness because I'm terrified! So basically they're hoping that I don't turn up because it also says if I fail to attend then disciplinary proceedings will be made in my absence.

 

I have called to say I am not attending but I don't really know what else to do?

 

Thanks again for the replies

 

 

Sorry to hear this, I can tell you that you have the right to have a witness if you want. It seems that they are fishing, can I suggest take a RECORDER/ DIGITAL OR TAPE, don't tell them, Its informal remember. If they make threats or step out of line, you have it recorded and can hand that to the police.

 

While there, ask the right questions, like WHY you sent my witness out of the room? Why did you block the door?

 

It sounds also that they had planed this, is the company struggling? have you been there more that a year? Some employers will sack on a whim to save money on paying redundancy.

 

Good luck buddy, please update this site, we would all like to know whats going on.

Trooper68