Dilemma of the Day: Employee 1 pushes their colleague, Employee 2, from fear of being assaulted. Should Employee 1 be dismissed for assault?

Violence in the workplace is something every employer wants to avoid. Yet, in 2019/2020 there were 688,000 incidents of violence at work with 38% of those who were assaulted sustaining some level of injury.

It’s important to note that work-related violence isn’t always physical – the HSE defines violence in this context as an “incident in which a person is abused, threatened or assaulted in circumstances relating to their work.”

Physical altercations in the workplace can result in bad feelings and low morale amongst colleagues, potential financial losses due to compensation pay outs, bad publicity and related damage to reputation, and increased absenteeism owing to employees being hurt or stressed. Verbal assault can be just as damning, having a detrimental impact on mental health and wellbeing.

How do you manage situations of violence in the workplace? They are not always cut and dry, so what happens when a situation can be open to misunderstanding or misinterpretation?

Picture this: One of your employees (let’s call them Employee #1) pushes their colleague, Employee #2, out of fear of being assaulted. What do you do?

On a social media poll by leading HR, employment law and health & safety consultancy firm Peninsula, almost half (47%) of respondents suggested that the correct way to address such a situation would be to carry out an investigation in the first instance.

16% said that dismissal could be justified for Employee #1 whereas 12% would opt to dismiss both parties. 25% disagreed and thought the pushing was justified.

The range in answers shows the potential for such a situation to be mishandled.

Kate Palmer, HR Advice & Consultancy Director at Peninsula, gives her insight on the best way to proceed.

“The first port of call here would be an investigation. Ask for witness statements and check any CCTV footage so you know exactly what it is you’re dealing with.

“Speak with both employees to get to the bottom of what happened and take steps to address the issues; it’s possible this could have all been a misinterpretation. Establish ways in which to move forward; perhaps mediation could work or you may have to look at moving them to separate teams.

“Check for root cause; could this have stemmed from a misunderstanding of roles, in which case further clarification from a line manager would be beneficial?

“Emotions can get the better of us from time to time, and though physical violence of any kind shouldn’t be accepted within organisations, this won’t automatically mean dismissal is the most appropriate outcome. A warning may suffice. Either way, it’s possible for action to be taken against both employees since they were both equally involved in untoward actions.

“Consider how any previous situations (if applicable) have been handled – it’s always best to be consistent to reduce the risk of claims for unfair treatment.

“As with most workplace issues, having a robust policy in place outlining the definition of work-related violence, how incidents should be managed, and the expected standard of behaviour from your employees, is best practice. This policy should be circulated and signed by all staff to avoid these situations from arising in the first place.”