paulears Posted June 24, 2010 Author Share Posted June 24, 2010 It probably isn't too late to join a union - this isn't how they work. Unions get plenty of members when things get sticky at work. The real issue is really how strong you are. Tribunals and courts are damn stressful, and being frank, if an employer is crafty, they can always find things to throw at you, and even if this delays your departure before getting the push, your work time will be hell. If you leave, then all that happens is you get a few quid if you didn't negotiate it before - and taking even a bad employer to court/tribunal does NOT do your future prospects much good. In this case, some money and a decent reference would seem the best practical solution, and just say stuff 'em! Link to comment Share on other sites More sharing options...
cfmonk Posted June 29, 2010 Share Posted June 29, 2010 + 1 for doing it quickly. Throughout the ACAS guidance on these issues the word "promptly" appears. Furthermore he should send an email immediately explaining WHY he is not turning up for work as if he does not then they will go down the route of "Unexplained Absence" = Formal Warning 1... Unexplained absence = "Dismissal". If it ends up with him being dismissed for a disciplinary offence rather than quitting and claiming the employers' behavior had made his position untenable then he is in a completely different ball park. Link to comment Share on other sites More sharing options...
Stutwo Posted June 29, 2010 Share Posted June 29, 2010 Echoing the calls for union membership, although some unions will not represent you in the first 3 months of membership (Unison, for example) they WILL give him all the advice he needs. Link to comment Share on other sites More sharing options...
adam2 Posted June 30, 2010 Share Posted June 30, 2010 My inclination would to be to resign and ignore the whole thing (provided that the assault was relatively minor and has not caused any lasting harm or disability) I appreciate that this is contary to the advice given by most others.Assault is most certainly a crime, and could be reported to the police, but is this wise for your future employment prospects ? Many potential employers are very wary of applicants who have taken previous employers to an employment tribunual, and a court case would be even worse.Word will get around, and the person involved may be "blacklisted" this is imoral, and may well be illegal, but it still goes on, and could make obtaining future employment problematic. Link to comment Share on other sites More sharing options...
jim b Posted July 5, 2010 Share Posted July 5, 2010 My inclination would to be to resign and ignore the whole thing (provided that the assault was relatively minor and has not caused any lasting harm or disability) I appreciate that this is contary to the advice given by most others.Assault is most certainly a crime, and could be reported to the police, but is this wise for your future employment prospects ? Many potential employers are very wary of applicants who have taken previous employers to an employment tribunual, and a court case would be even worse.Word will get around, and the person involved may be "blacklisted" this is imoral, and may well be illegal, but it still goes on, and could make obtaining future employment problematic. Sorry but that's completely wrong in my not so humble opinion. The word that will probably go around if you press charges will be "remember that c@#! manager at xyz holiday park" "is he the tall/short/fat/thin/quiet/loud one?""yeah that's the chap-he's just been done for assaulting one of his crew""what a prick, I'll not be working for him then" As the people who've assaulted their staff have, in my experience, shown aggression to them such that an observer would easily believe they'd do it. Blacklisting seems to me to far more often involve good people not working for bad companies. If someone blacklisted you for standing up for yourself when you've clearly been wronged would you want to work for them anyway??? Pressing charges would put something on the public record so that the next hapless sod who gets asked to replace the guy will be able to google the people hiring them and be forewarned. Additionally when you go to interview with a new company and explain why you left the previous place and the reason you give is assault and you haven't called the police they'll think one of two things:1) Is there more to this than we've heard? Did the interviewee do anything to provoke this? 2) Why can't you stand up for yourself?Option 1 is human nature-the facts don't seem to give a full picture of the events or at least you weren't confident enough of your position to take it to the police.Option 2 would give them doubt that you could assert yourself. The employment tribunal issue is the one open to more personal decision making in my opinion. If the guy (or girl) gets a new job and would rather not have the months/years of hassle and stress then that's their call. Obviously this is based on the situation presented where a clear case for assault exists. Call me old fashioned but I think everyone has a responsibility as part of living in a society with the rights and protections and benefits we have to make proper use of them and stop clear crimes being committed. You may be alright when you wander off without doing anything but what about the next person in your shoes? Link to comment Share on other sites More sharing options...
Stan Hope-Streeter Posted July 5, 2010 Share Posted July 5, 2010 Call me old fashioned but I think everyone has a responsibility as part of living in a society with the rights and protections and benefits we have to make proper use of them and stop clear crimes being committed. You may be alright when you wander off without doing anything but what about the next person in your shoes? Don't be silly. In the present UK political climate, rendering yourself unemployable on a point of principle will only lead to personal bankruptcy. Link to comment Share on other sites More sharing options...
jim b Posted July 5, 2010 Share Posted July 5, 2010 Call me old fashioned but I think everyone has a responsibility as part of living in a society with the rights and protections and benefits we have to make proper use of them and stop clear crimes being committed. You may be alright when you wander off without doing anything but what about the next person in your shoes? Don't be silly. In the present UK political climate, rendering yourself unemployable on a point of principle will only lead to personal bankruptcy. My point is no one I know of who has stood up for themselves when in such a situation has had the problems the poster describes. I'm sorry but, whatever the financial climate, I don't think sitting back and letting someone assault you is ever correct. Unless of course you're being ironic... In what way would pressing charges when someone has assaulted you make you unemployable? I really don't understand this line of thinking. Link to comment Share on other sites More sharing options...
williams_918 Posted September 20, 2010 Share Posted September 20, 2010 Hi guys. Well thought id reply to everyone as the post is about me! Only just found out it was on here and greatly enjoyed reading your comments and how supportive you all have been. Well the end of the tail is after seeking legal advice talking over my financial situation ECT I was advised to go back to work if the company’s grievance procedure was followed. I went back to work on the grounds of a personal apology and a guarantee that no such incident would happen again which I didn’t get. I was in a very difficult situation morally I had to decide if I wanted to work for a company headed by a man who feels that kind of behavior is acceptable or resin from my post take industrial action which is long stressful and not likely to go in my favor or find alternative. I’m glad to say I found an alternative, I’m now studying for my BA (hons) In Theatre and Performance Technology at Liverpool Institute Of Performing Art just 2 months after I returned giving the company 2 weeks notice ( woops! hehe) All in all I’m glad to say I’ve walked away from the company on my terms to do something I’ve wanted and work towards for 8 years. I’ve not mentioned the name of the company and I won’t because the sadist fact for me is that I worked there for 5 years for a reason, the people and the potential of high class entertainment. My advice is if you ever find yourself in the same situation stand up and make as much noise as you can and fight as far as you can. I didn’t want to drag out court cases etc instead found my own way out to do bigger and better things. Once again thank you all. Link to comment Share on other sites More sharing options...
Just Some Bloke Posted September 20, 2010 Share Posted September 20, 2010 It's always great when we hear about a subject "from the horse's mouth" as it were. Thanks for coming on and letting us know how it went. I'm glad you've happily moved on to something else. Link to comment Share on other sites More sharing options...
LXbydesign Posted September 20, 2010 Share Posted September 20, 2010 Yes, good! The only sad end to this tale is that the arsehole got away with it and I expect will do it again some time in the future. Mind you - I know its not sensible or would of helped you to seek compensation but if there were no witnesses or CCTV you could at least had the pleasure of lamping him back. Ah well. Glad your ok though and have moved on :-} Link to comment Share on other sites More sharing options...
SKILLYWILLY Posted October 25, 2010 Share Posted October 25, 2010 Felt I would like to add a post in support of my son who was the person on the receiving end of this assault. Good to see such a positive response to the original post. I would like to state how proud we are of our son and the way he conducted himself when subjected to bullying and assault by a millionare owner. Appears that some feel they are above the law! Suffice to say I won't be watching any more World Bowls as televised by the BBC from an east coast 5 star leisure resort ! I may still watch Phoenix Night's though ! (can't give any more clues sadly although if the aggressor does happen to read this and feels I may have identified them please do get in touch as I am sure we would have loads to chat about!)It is a sad fact of life that perpetrators of this kind of behaviour rarely get what they deserve but it is gratifiying that my son can have pride in his behaviour and conduct and that he has numerous friends and supporters within the industry. I have no doubts that he will acheive all that he wants by fair means rather than foul (I may be somewhat biased on this last point!)A VERY PROUD DAD Link to comment Share on other sites More sharing options...
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