We are specialist employment solicitors here at Lincs Law Employment Solicitors. We therefore often assist clients facing disciplinary proceedings. This can include facing allegations in respect of an altercation or fighting at work. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
Please note, this blog focusses on whether you can be dismissed for fighting at work. If you are facing disciplinary allegations in respect of fighting/an altercation outside your workplace, please see our blog here – https://lincslaw.co.uk/blog/can-i-be-dismissed-for-fighting-outside-of-work/
Can I Be Dismissed For Fighting At Work?
The short answer is yes, you can.
Most employers will have their own policies and rules prohibiting fighting and/or violence in the workplace. Even without such policy or rules expressly in place, the expected standard of behaviour in the workplace will often mean there is no tolerance for fighting and/or violence.
Here at Lincs Law Employment Solicitors, we often advise employees who are facing disciplinary action after being involved in an altercation at work. This includes:
- An employee pushing a customer out of their way following a verbal disagreement;
- Threats of violence made by one employee to another;
- An employee punching a colleague during a work conference;
- An employee blocking a doorway and displaying intimidating behaviour towards a contractor; and
- An employee throwing an object towards their manager following a verbal disagreement.
The possible disciplinary sanction will, ultimately, depend on your personal circumstances and what you have allegedly done. Importantly, however, fighting and/or violence can often be deemed as gross misconduct. There is no set definition of gross misconduct as it often depends on the facts of each individual case and each employer. However, the ACAS Code of Practice on Disciplinaries and Grievances describes acts of gross misconduct as “so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence.”
However, whilst it may be reasonable to be dismissed for fighting at work, this is not always the case. Much will depend on factors including who started the fight; the seniority of the relevant parties and who witnessed the incident. If you are facing disciplinary action, please do therefore contact Lincs Law Employment Solicitors for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
I Have Been Dismissed For Fighting At Work – What Should I Do?
If you are dismissed from your employment, you should be afforded the opportunity to appeal the decision. For more information about this, please see here – https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/
If you are unhappy with your employer’s decision to dismiss you, we would advise you submit an appeal. This is because:
a) If you do not appeal, your dismissal will remain on your personnel record and cannot be challenged (internally) months later. Think of your appeal as your last chance to challenge your employer’s decision, to put forward your case and potentially change the outcome. By submitting an appeal, your employer may consider your submissions and change the outcome (for example, you could be reinstated with a Final Written Warning).
b) Also, if you are considering pursuing a claim in the Employment Tribunal, an Employment Tribunal Judge will expect you to have exhausted all internal processes which would include appeals. They can reduce your compensation if you fail to do so.
I Have Been Dismissed For Fighting At Work – Do I Have An Unfair Dismissal Claim In The Employment Tribunal?
The short answer is, again, potentially yes!
Generally, you need at least two years’ continuous service with your employer to bring a claim of Unfair Dismissal at the Employment Tribunal. There are, however, limited exceptions to this rule. For more information about this, please see our blog here – https://lincslaw.co.uk/blog/unfair-dismissal-less-than-two-years-service/
If you have at least two years’ continuous service with your employer or one of the exceptions (as above) applies, you may have a potential claim for Unfair Dismissal in the Employment Tribunal.
To explain, in a claim of Unfair Dismissal, the burden would be on your employer to prove to the Employment Tribunal that:
- They had a potentially fair reason to dismiss you; and
- In the circumstances, it was reasonable to dismiss you.
I have addressed each of the above points below.
Did Your Employer Have a Potentially Fair Reason To Dismiss You?
Under the Employment Rights Act 1996, there are five potentially fair reasons for dismissing an employee. One of those reasons is (mis) conduct.
To rely on this reason, your employer would need to prove that your conduct was, in fact, the reason for your dismissal and they had a justifiable and genuine belief that you had committed the acts of misconduct.
In The Circumstances, Did Your Employer Act Reasonably in Dismissing You?
Even if your employer can identify a potentially fair reason for your dismissal, this does not necessarily mean the dismissal was, in fact, fair. For a claim of Unfair Dismissal, the Employment Tribunal would then look at the reasonableness of the dismissal. The Employment Tribunal would consider if your employer’s decision to dismiss you falls within the “band of reasonable responses”. Essentially, whether a reasonable employer could have made the same decision.
As part of this consideration, an Employment Tribunal would consider the following:
(i) Did Your Employer Follow a Fair Disciplinary Procedure?
(ii) Was Dismissal A Reasonable Sanction?
(iii) Did Your Employer Act Consistently? For example, if the other party to the fight had not been disciplined or dismissed, your employer may struggle to defend any Unfair Dismissal claim.
For more information about a claim of Unfair Dismissal, please see our blog here – https://lincslaw.co.uk/blog/can-you-claim-unfair-dismissal-if-you-have-been-sacked-for-gross-misconduct/
Unfair Dismissal – Time Limits
If you have been dismissed from your employment and you wish to pursue a claim in the Employment Tribunal, it is very important you are aware of the relevant time limits.
You must start the Employment Tribunal process within three months (less one day) of the date of your dismissal. You start the Employment Tribunal process by initiating ACAS Early Conciliation. More information about ACAS Early Conciliation can be found here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we often advise clients who are facing disciplinary allegations or who have, unfortunately, been dismissed from their employment. We understand that such circumstances can have a devastating effect on you and your family. As specialist employment solicitors, we would be delighted to help you.
Please contact Lincs Law Employment Solicitors for a free no obligation consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances acas early conciliation Appeal against Disciplinary Appeal Against Dismissal defending a disciplinary defending disciplinary allegations disciplinary at work disciplinary hearing disciplinary proceedings Disciplinary process employment solicitor Kate Key lincs law employment solicitors unfair dismissal