OT - Legal Advice Required

Anybody here a lawyer or with such legal knowledge, would appreciate some help/advice on a situation i got going on at the moment as im unsure what to do.

Basically i got involved in a fight in town about 4 months ago, i got punched by a lad and had my jaw broken in 2 places and part of my chin shattered, after several hours surgery up in Merthyr and a few plates etc put in i was patched up and left to recover for a few months. I never reported the incident to the police as i punched the lad first - despite him coming at me, i just decided he was having it before i was, but he caught me with my mouth open and screwed it right up, and was worried that if i mentioned the incident then i would get done myself, although it was a whole load of nothing and you know how things got out of hand, i didnt want anything/anyone done as shit happens and it was everyone's fault.

Having had the most traumatic few months of my life rebuilding my mouth/life since the incident ive began having second thoughts as i initially thought it'd be fine, but having gone back to work under strict instructions after the op. Once i was somewhat fit enough to return to using the phones (call centre job), my manager(s) were on my case constantly about me coming off the phone and not talking to customers long enough, this infuriated me as they promised to move heaven and earth to help me through it and when they saw the prospect of sales off me again it all went out the window, and since going for a check-up after being signed-off clear, they told me that my jaw hadn't fused together due to excessive flexing (talking) and now i need another operation with the prospect of a larger plate being inserted and a scar on my neck (they were able to operate within my month last time and no evidence of op).

I am devastated as ive just got through the worst part of my life only to have to go through it all over again for the sake of them making me go on the phones, they have been unhelpful, rude and selfish throughout the whole thing to be honest - they have even refused to return me a weeks holiday i had booked during my operation which i am sure is illegal?

Can anyone help me please? I have lost out on at least £500+ of Sales Bonus for Q2/3 of this year due to it as well as now having to go on stat sick pay for 1-2 months post op. I have looked at the Criminal Justice thing but because i didnt file anything etc, it doesnt look good. If this is not possible i am considering suing the company through my Union or externally as i am not happy at all!

Help!

i wouldnt do anything mate,just take it on the chin,ooooops sorry i didnt mean that

You must start with the companies own complaint procedure.

Once you have exhausted that route then I would consider legal action. I doubt any legal advisor would recommend you to sue unless you made the company aware of your situation. Going down the company complaint procedure is concerte evidence that they are aware.

If you cant sort it out with the company I would recommend you either approach the CAB.

Your avenue here would have been the Criminal Injuries Compensation Authority. However, to obtain a payment from those you would need to register the Criminal Act, with the Police, within a certain period of time. Clearly, as you threw the first punch, I can understand your reluctance. That avenue is therefore out of the question.

You could sue the person who hit you. However, a decent solicitor may enter a Defence suggesting that you were guilty of your own misfortune - (and I dont mean any offence by this)

Suing your employer is not an avenue I would go down. Think of the bigger picture. At the moment you have just lost your bonus. Do you want to lose all your income as well?

As a previous poster suggested - I would put it down to experience. Wrong place wrong time.

Sorry its not the reply you wanted but I am just trying to be honest and manage your expectations

so you threw your weight about and got sparked out

learn from your lesson, there's always someone bigger and harder than you

Alright then, might as well leave it. They were well aware of the situation everythings been documented down to photographs of the xrays/op etc, but they put that to the back of their mind when i was ready to start phasing back in my role.

And it's not as if i was going around starting on people like some prick, id just put an event on in town, went out to celebrate. Some bastards started kicking off (this is bridgend by the way!) and my mates got in to a cufuffle, when someone comes at you to spark you out you're hardly going to just let them are you!

Anybody here a lawyer or with such legal knowledge, would appreciate some help/advice on a situation i got going on at the moment as im unsure what to do.

Basically i got involved in a fight in town about 4 months ago, i got punched by a lad and had my jaw broken in 2 places and part of my chin shattered, after several hours surgery up in Merthyr and a few plates etc put in i was patched up and left to recover for a few months. I never reported the incident to the police as i punched the lad first - despite him coming at me, i just decided he was having it before i was, but he caught me with my mouth open and screwed it right up, and was worried that if i mentioned the incident then i would get done myself, although it was a whole load of nothing and you know how things got out of hand, i didnt want anything/anyone done as shit happens and it was everyone's fault.

Having had the most traumatic few months of my life rebuilding my mouth/life since the incident ive began having second thoughts as i initially thought it'd be fine, but having gone back to work under strict instructions after the op. Once i was somewhat fit enough to return to using the phones (call centre job), my manager(s) were on my case constantly about me coming off the phone and not talking to customers long enough, this infuriated me as they promised to move heaven and earth to help me through it and when they saw the prospect of sales off me again it all went out the window, and since going for a check-up after being signed-off clear, they told me that my jaw hadn't fused together due to excessive flexing (talking) and now i need another operation with the prospect of a larger plate being inserted and a scar on my neck (they were able to operate within my month last time and no evidence of op).

I am devastated as ive just got through the worst part of my life only to have to go through it all over again for the sake of them making me go on the phones, they have been unhelpful, rude and selfish throughout the whole thing to be honest - they have even refused to return me a weeks holiday i had booked during my operation which i am sure is illegal?

Can anyone help me please? I have lost out on at least £500+ of Sales Bonus for Q2/3 of this year due to it as well as now having to go on stat sick pay for 1-2 months post op. I have looked at the Criminal Justice thing but because i didnt file anything etc, it doesnt look good. If this is not possible i am considering suing the company through my Union or externally as i am not happy at all!

Help!

where do you work? are you a member of a union ?

Alright then, might as well leave it. They were well aware of the situation everythings been documented down to photographs of the xrays/op etc, but they put that to the back of their mind when i was ready to start phasing back in my role.

And it's not as if i was going around starting on people like some prick, id just put an event on in town, went out to celebrate. Some bastards started kicking off (this is bridgend by the way!) and my mates got in to a cufuffle, when someone comes at you to spark you out you're hardly going to just let them are you!

Don't leave it buddy to many people make that mistake. Ian (BakedAlaska) has already given you the best advice.

Take it through your companies grievance procedure (you mentioned a Union so that would be the best place to start) and state out exactly why you feel you have been mistreated in the workplace and more importantly who you think is responsible (line managers)

From the moment you submit the grievance I think you will find that your Company will radically change its attitude as there is a written record of your complaints

The company are legally obliged to respond to your written concerns and work with you to correct any mistreatment, because if they don’t you would have recess to take them to an Employment Tribunal where you would be entitled to compensation if your complaints were upheld.

Keep calm seek out the right people and put your concerns in writing, otherwise you will find you will continue to be mistreated.

PS As for the fighting incident simply state that you were acting in self-defence. You are allowed to punch first if you believe you were in physical danger, providing the force used was proportionate (i.e. you didn’t follow it up with further punches and kicks etc.)

Thanks Tony! TYeah luckily my best mate is a union rep in work and is already looking in to it as he has a similar case on going. The manager is new to the role and ever since he came in 6 months ago he has constantly bullied members of the team and taken unnecessary/illegal action - i.e. threatening to make us stay on, taking breaks off us, speaking to us like children etc - the first thing he ever said to me was im bullshitting and a liar, and its gone down hill ever since! And yes it was blow for blow one punch, i hit him before he could do it to me, but he got up and hit me and caught me off guard - hence the damage. I left immediately for a taxi as i knew it was serious.

Thanks Tony! TYeah luckily my best mate is a union rep in work and is already looking in to it as he has a similar case on going. The manager is new to the role and ever since he came in 6 months ago he has constantly bullied members of the team and taken unnecessary/illegal action - i.e. threatening to make us stay on, taking breaks off us, speaking to us like children etc - the first thing he ever said to me was im bullshitting and a liar, and its gone down hill ever since! And yes it was blow for blow one punch, i hit him before he could do it to me, but he got up and hit me and caught me off guard - hence the damage. I left immediately for a taxi as i knew it was serious.

We live in the 21st Century and no-one should have to put up with work place bullying so a commend your courage in standing up for yourself.

Good luck with any action you take.

Anybody here a lawyer or with such legal knowledge, would appreciate some help/advice on a situation i got going on at the moment as im unsure what to do.

Basically i got involved in a fight in town about 4 months ago, i got punched by a lad and had my jaw broken in 2 places and part of my chin shattered, after several hours surgery up in Merthyr and a few plates etc put in i was patched up and left to recover for a few months. I never reported the incident to the police as i punched the lad first - despite him coming at me, i just decided he was having it before i was, but he caught me with my mouth open and screwed it right up, and was worried that if i mentioned the incident then i would get done myself, although it was a whole load of nothing and you know how things got out of hand, i didnt want anything/anyone done as shit happens and it was everyone's fault.

Having had the most traumatic few months of my life rebuilding my mouth/life since the incident ive began having second thoughts as i initially thought it'd be fine, but having gone back to work under strict instructions after the op. Once i was somewhat fit enough to return to using the phones (call centre job), my manager(s) were on my case constantly about me coming off the phone and not talking to customers long enough, this infuriated me as they promised to move heaven and earth to help me through it and when they saw the prospect of sales off me again it all went out the window, and since going for a check-up after being signed-off clear, they told me that my jaw hadn't fused together due to excessive flexing (talking) and now i need another operation with the prospect of a larger plate being inserted and a scar on my neck (they were able to operate within my month last time and no evidence of op).

I am devastated as ive just got through the worst part of my life only to have to go through it all over again for the sake of them making me go on the phones, they have been unhelpful, rude and selfish throughout the whole thing to be honest - they have even refused to return me a weeks holiday i had booked during my operation which i am sure is illegal?

Can anyone help me please? I have lost out on at least £500+ of Sales Bonus for Q2/3 of this year due to it as well as now having to go on stat sick pay for 1-2 months post op. I have looked at the Criminal Justice thing but because i didnt file anything etc, it doesnt look good. If this is not possible i am considering suing the company through my Union or externally as i am not happy at all!

Help!

Read this mate and do your best to follow the guidlines - http://www.acas.org.uk/media/pdf/9/5/CP01_1.pdf

Sadly there are so many companies who think that they can do what they want and treat people however the mood takes them and they cannot. Just make sure you keep notes of any discussion even the informal ones as these records will prove valuable if this matter ends up in a tribunal - Which I Hope it doesn't.

There is also an ACAS document which outlines their "Best Practice" guidlines for employers / employees to follow in grievance situations. It is actually included in The Trade Union and Labour Relations (Consolidation) Act 1992 and was laid before both Houses of Parliament on 9 December 2008. Although include in the text of this act it is not enforceable through the courts but if a company fails to follow the Code employment tribunals will take the Code into account when considering relevant cases. Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable
failure to comply with any provision of the Code. This means that if the tribunal feels that an employer has unreasonably failed to follow the guidance set out in the Code they can increase any award they have made by up to
25 per cent. Conversely, if they feel an employee has unreasonably failed to follow the guidance set out in the code they can reduce any award they have made by up to 25 per cent.

So read the ACAS grievance document and follow the requirements, keep notes and always have a witness trade union or just a friend. It takes balls to do it but most employes however arrogent eventually get the message to take your situation seriously. Afterall a fireman won a workplace harrassment case a few years back and got I think £245k compensation.

Good luck.

Thanks a lot guys, will sit down with my buddy and see if we have a case. Out of my entire team im the only one to stand up to this, and this is only due to my having to need another operation thanks to they're constant nagging/pressure.

~I have just read this thread and understand and sympathise for you. I hope you get things sorted, the guys here have provided you with some valuable advice. Great bunch of lads here!

P.S. - The company you work for sounds like a right bunch of bastards.

Thanks Tony! TYeah luckily my best mate is a union rep in work and is already looking in to it as he has a similar case on going. The manager is new to the role and ever since he came in 6 months ago he has constantly bullied members of the team and taken unnecessary/illegal action - i.e. threatening to make us stay on, taking breaks off us, speaking to us like children etc - the first thing he ever said to me was im bullshitting and a liar, and its gone down hill ever since! And yes it was blow for blow one punch, i hit him before he could do it to me, but he got up and hit me and caught me off guard - hence the damage. I left immediately for a taxi as i knew it was serious.

do u work for jigsaw by chance? i used to work there, sounds like exactly the same guy

Thanks! No its not jigsaw, i work in a call centre for a bank.

Speak to your union and ask for free legal advice.


oh and next time keep your chin tucked into your chest and keep yor hands up.

I guess karma's a bitch you punch you get your jaw broke.

I had the exact same thing happen to me about five years ago on may day in llanrumney some irish guy came up to me and punched me shattered my jaw too, karma saw it and he died a week later in a car crash in st. mellons, i would feel bad for him but the car was stolen.