Here at Lincs Law Employment Solicitors, we often advise clients facing disciplinary proceedings. These proceedings can sometimes relate to events outside of the workplace. 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 outside of work. If you are facing disciplinary allegations in respect of fighting/an altercation at your workplace, please see our blog here – https://lincslaw.co.uk/blog/can-i-be-dismissed-for-fighting-at-work/
Can I Be Disciplined For Fighting Outside of Work?
It is commonly understood that most employers will prohibit fighting and/or violence in the workplace. However, importantly, if you are involved in a fight/altercation outside of your workplace, you could still face disciplinary action at work. To explain, conduct outside of work can result in disciplinary action if it relates to the course of your employment i.e., it pertains to the employment relationship and/or infringes your work.
Here at Lincs Law Employment Solicitors, we advise many clients in relation to disciplinary allegations that occurred outside the workplace. Common examples of how such incidents can be treated as a misconduct issue at work include:
- The incident has brought the employer into disrepute or damaged their reputation;
- The altercation involved two colleagues outside of work and has negatively impacted the working dynamic; and
- The incident took place outside of the workplace but at a “work event”. For example, the office Christmas party, summer BBQ, work conferences etc.
Importantly, if you are facing disciplinary allegations for something that happened outside of work, your employer should clearly explain how/why your actions are being treated as a disciplinary matter. If your actions do not pertain to the employment relationship or affect your employment in some way, the disciplinary proceedings should certainly be challenged accordingly.
If you are facing disciplinary action, please do therefore contact Lincs Law Employment Solicitors for a free no obligation consultation with me or one of our other fully qualified Employment Solicitors. 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.
Can I Be Dismissed For Fighting Outside of Work?
The short answer is yes, you can.
As above, if your actions outside of work pertain to your employment relationship, your employer could start disciplinary action against you. Your employer should follow their own disciplinary procedure and, in any event, the ACAS Code on Disciplinaries and Grievances. For more information about this, please see here – https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/
The disciplinary process could result in you being dismissed from your employment. This will very much depend on your actions and personal circumstances. Your employer could decide that your actions are so serious they constitute gross misconduct and warrant summary dismissal (i.e., without notice). To be clear, this could be the case even if you have a completely clear disciplinary record. Your employer may still consider your actions are sufficiently serious to break the employment relationship.
Alternatively, you may already have a live warning or disciplinary sanction on your record. In such circumstances, even if your current actions are not gross misconduct, your disciplinary record could unfortunately push any disciplinary sanction to dismissal.
Here at Lincs Law Employment Solicitors, we often advise employees who have, unfortunately, been dismissed following a fight/altercation outside of work. This includes an employee:
- Being involved in a fight with bar staff at a work conference;
- Punching a colleague on a night out with his work team;
- Fighting a stranger whilst wearing their work uniform; and
- Being involved in an altercation with a neighbour which was filmed and later reported to their employer.
I Have Been Dismissed For Fighting Outside of 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 Outside of Work – Do I Have an Unfair Dismissal Claim In The Employment Tribunal?
The 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.
For more information about a claim of Unfair Dismissal, please see here – https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/ and 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 that 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 with me or one of our other fully qualified Employment Solicitors. 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 acas code on disciplinaries and grievances Appeal against Disciplinary claim to employment tribunal defending a disciplinary defending disciplinary allegations disciplinary Disciplinary Action employment solicitor Kate Key lincs law employment solicitors unfair dismissal