Managing allegations of physical violence made against a member of staff

The difficult problem any employer can face in dealing with an allegation of assault made against one of its employees was originally captured in shocking mobile phone footage.

A Greater Manchester Police (GMP) armed officer was filmed kicking and stamping on the head of a man who was face down on the floor at Manchester Airport [1] cited 31.7.24

CCTV footage was later released, which showed the man and another man fighting with the officers before the incident. Three police officers suffered injuries in the violent clash.

The man who was kicked in the head was later said to have a cyst on the brain, although it is not confirmed if it was as a direct result of the incident [2] cited 31.7.24

GMP later said an officer had been suspended from work and was under criminal investigation.

The debate about if the armed police officer, perhaps one of the most powerful people in law enforcement in the UK as he can make life and death decisions, was out of control, has divided opinion.

Critics have pointed to the fact the man appeared to have been tasered and was lying face down and posing no threat, regardless of what had happened previously, at the time he was kicked and stamped on.

While others have defended the officer’s actions as reasonable and proportionate given the violent lead up to what happened, and fact two female officers were badly hurt.

The incident came shortly after news that a professional male dancer on Strictly Come Dancing had admitted kicking his female celebrity dance partner during rehearsals for the hit BBC show [3] cited 31.7.24

The dancer apologised for his actions and has now left the show, which has been  caught up in controversy in recent weeks with allegations of abusive and threatening behaviour.

It is common for employers in many different sectors to be faced with having to deal with a scenario where an allegation of violence has been levelled against a member of staff.

It could be door supervisors dealing with drunken revellers on a night out; drivers involved in a road rage incident; teachers facing allegations of assaulting a child; a bus driver dealing with unruly passengers; or even a disagreement between colleagues that boils over and becomes physical.

Allegations of physical assault being levelled against any employee, in the course of performing their duties, is always an extremely serious matter.

Disciplinary policies will often list allegations of violence as potential acts of gross misconduct, which can lead to dismissal.

Yet despite the seriousness of such an allegation, dismissal should not be an automatic sanction. Any investigation should be thorough and fair, as getting it wrong can be costly.

An NHS trust was ordered to pay £1m in damages to a former employee after a tribunal found he was unfairly dismissed and faced racial discrimination [4] cited 31.7.24

The  IT manager was accused of assault after a dispute with a contractor and delivery van driver in the hospital’s car park.

The tribunal found an investigation ignored his allegations he had been subjected to racist abuse.

The disciplinary process was said to have consistently painted the employee, a Black male, as ‘the aggressor’, although CCTV footage showed it was not the case. The white contractors were seen as ‘the victims’ during the process.

Allegations of physical assault need to be handled carefully and sensitively. Such situations can be complex, involving not only legal ramifications but also moral considerations, the welfare of all employees, and the organisation's reputation.

Here is a guide on how employers should manage such allegations.

Take any allegation seriously and act without delay

As soon as you are made aware of an allegation of assault or violence, regardless as to how it is made, it is crucial to acknowledge it immediately.

It will demonstrate that you are taking the allegation seriously and signal that you are committed to dealing with the matter.

Ensure Safety

Whether or not an allegation of physical assault occurred inside or outside of the workplace, the safety of all employees and anyone affected by an incident is paramount.

Careful consideration should be given to suspending the accused employee from work while any allegation is under investigation

Suspension is appropriate in some instances. The seriousness of the situation can sometimes mean there is no reasonable alternative to suspension.

Gather information

When made aware of an allegation, and prior to the investigation, you should gather initial details about the incident.

This type of information can include the date, time, location of the incident, and any witnesses.

An initial assessment such as this helps in understanding the context and preparing for a formal investigation.

Get expert advice

Allegations of physical assault are extremely serious and it is prudent to get legal or expert advice about how best to deal with the situation

Doing so will ensure you receive appropriate advice and guidance and adhere to your legal obligations, which can help you to avoid any later problems.

Appoint an appropriate investigator

You should appoint an impartial and qualified investigator to handle an allegation of physical assault against an employee.

It can be  an experienced HR professional or an external investigator, with no prior involvement with the parties involved to ensure impartiality and avoid any conflict of interest.

The key is to ensure impartiality and fairness throughout the process.

The investigation

According to ACAS some key steps of a fair and unbiased disciplinary investigation are [5] cited 31.7.24

Gathering information: Collect all relevant documents, records, and evidence related to the allegation.

Conducting interviews: Interview the complainant, the accused, and any witnesses to gather comprehensive accounts of the incident.

Documentation: Maintain detailed and accurate records of all evidence and interviews conducted.

Analysis: Evaluate the collected evidence impartially, considering the credibility and relevance of each piece of information.

Report findings: Prepare a report summarising the investigation's findings, including evidence, conclusions, and recommendations.

Decision making

Upon the completion of the investigation, you should assess its findings based on the evidence presented. Such an evaluation should be objective and unbiased.

Inform the involved parties of the investigation outcome and any subsequent actions to be taken.

Decide on appropriate action to take

If it is decided there is a case to answer then formal action should be taken in line with your disciplinary policy, which should include inviting the employee to attend a disciplinary hearing [6] cited 31.7.24

Nine key steps for a fair disciplinary hearing when considering a physical assault allegation against an employee are:

• Inform the employee of the hearing details, including the time, date, location, and nature of the allegation against them.

• Provide the employee with all the evidence that will be considered during the hearing, allowing sufficient time for them to prepare their response.

• Allow the employee to be accompanied by a colleague or trade union representative during the hearing.

• Ensure the hearing is conducted by an impartial person who was not involved in the investigation.

• Give the employee a chance to respond to the allegations, present their evidence, and call witnesses if necessary.

• Review all evidence and statements carefully and impartially before making a decision.

• Provide a written explanation of the hearing's outcome, detailing the reasons for the decision and any disciplinary action to be taken.

• Inform the employee of their right to appeal the decision and outline the process for doing so.

• Maintain confidentiality throughout the process to protect the privacy of all parties involved.

Finally

Handling allegations of physical assault is challenging  and it needs a balanced approach to ensure fairness, legal compliance, and the safety of all employees.

In taking allegations seriously and acting without delay, conducting a thorough investigation, maintaining confidentiality, and taking appropriate actions based on the findings, employers can manage such situations effectively.