Workplace Assault Resignation
The client experienced a hostile work environment following an assault by a resident at a care facility, leading to her resignation and a claim for constructive dismissal. She asserts that the disciplinary process was procedurally unfair and did not adequately consider her witness statements, focusing solely on silent CCTV footage. The client argues that her intervention was necessary under health and safety regulations due to the imminent danger posed by the resident. Additionally, she claims defamation, alleging false statements were made to her new employer and the relevant disclosure service, which impacted her reputation and employment prospects. Alongside seeking compensation for loss of earnings and reputational damage, the client highlights the lack of post-incident support and breach of duty of care by her employer.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat are my rights in terms of claiming for a lack of duty of care after the assault at work?
To claim for a lack of duty of care following the assault, you can argue that your employer breached health and safety legislation by failing to ensure a safe working environment. The employer's duty includes risk assessments and measures to mitigate hazards, which may have been inadequate. You may also claim under regulations requiring procedures for addressing incidents of violence. Additionally, the lack of support post-assault could indicate a breach of the implied term of mutual trust and confidence, potentially justifying a claim for constructive unfair dismissal.
Can I pursue a claim for constructive dismissal due to the hostile working conditions I faced after the incident?
Yes, you can pursue a claim for constructive dismissal due to the hostile working conditions you faced after the incident. Constructive dismissal occurs when an employee resigns because their employer's conduct has fundamentally breached the contract of employment, such as a failure to provide a safe working environment. In your case, the lack of support post-incident, coupled with procedural unfairness and alleged defamation, could contribute to a claim.
What evidence will I need to support my claim for workplace injury and hostile working environment?
To support your claim for workplace injury and hostile working environment, gather the following evidence: 1. Medical records documenting your injuries and psychological effects to prove the impact of the workplace incident. 2. Witness statements from colleagues to corroborate the hostile environment and lack of support. 3. CCTV footage to demonstrate the incident and any employer response. 4. Documentation of your grievances and employer's responses, emphasizing unsafe working conditions. 5. Employment records proving your resignation due to intolerable conditions to substantiate your constructive dismissal claim. 6. Evidence of financial loss, such as pay slips and reduced earnings statements.
Are there any specific legal protections or compensations for employees who have been assaulted at work?
Employees assaulted at work have specific legal protections under health and safety laws. Employers must ensure a safe workplace, and failure to do so can lead to claims for breach of duty of care. Protection also exists for employees who act to safeguard themselves or others from harm. Compensation may be sought for physical and psychological injuries through personal injury claims, as well as for financial losses resulting from the assault.
What steps should I take to ensure my employer is held accountable for not providing a safe working environment?
To hold your employer accountable for not providing a safe working environment, report the issue to the relevant enforcement agency responsible for workplace safety regulations. Document all instances of unsafe conditions and lack of support post-incident. Include evidence such as witness statements, internal communications, and medical reports. Consider submitting a formal grievance to your employer, highlighting their failure to ensure employee safety and any breaches of their duty of care.
Why was counseling only offered weeks after my incident during my disciplinary meeting?
Counseling may have been offered weeks after your incident due to procedural delays and oversight in addressing post-incident support. Employers are required by law to provide a safe working environment and adequate support following incidents. Failure to do so promptly can result in claims of negligence or breach of the implied term of mutual trust and confidence.
