Common Assult

[cassa333]

What is deemed common assult? Is it a physical assult or verbal assult?

Some plonker at work is claiming she was bullied verbaly (she wasn't. She was the one doing the verbal bullying) and is claiming this is common assult and has alledgedly gone to the police.

[murraymints]

Don't think so...assault is physical....I think....

[Buenchico]

She's talking total b0ll0cks then!

"An offence of Common Assault is committed when a person either assaults another person or commits a battery.

An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.

A battery is committed when a person intentionally and recklessly applies unlawful force to another."

Source:
http://www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#a07

[cassa333]

That's what we thought. She was always talking B0lliaks and this just goes to prove it :)

[New Judge]

There does not have to be physical contact for the offence of common assault to be made out. However if the victim does not actually suffer violence by means of physical contact he must fear that he will suffer immediate violence from threats made by the assailant.

In the example you quote the prosecution must prove that as a result of the verbal bullying she feared immediate physical assault. This is usually difficult to prove beyond reasonable doubt and simply shouting at somebody in an intimidatory manner is not usually sufficient.

[Orderlimit]

That depends what was said Cassa.

[Peter Pedant]

cassa - you're not having much luck with Miss Fussy-pants are you ?

clearly if it is just a story/rumour/report ... you wait and see.

[cassa333]

You're right PP.

We had to sack her for basicly bullying other people but she is such a drama queen she has turned everything around and made it about her!!!

I have never seen someone scuttle away so quickly from a disiplinary meeting reusing to talk to their employers, even holding their hands up saying they are not going to accept a letter. She didn't even wait to see what we had to say!! We could have been telling her that we are happy and wanted to finish her probationary period and take her on full time!!!

We are waiting for a letter from her solicitor and a visit from the police ;) I think we will be waiting a while though.

[Peter Pedant]

We could have been telling her that we are happy and wanted to finish her probationary period and take her on full time!!!

erm yeah OK - but I would have liked to have been a fly on the wall when someone said that !

I suggest that she has learnt she has no claim in employment law as it is under the time bar ( twelve or twenty four months ) and having time on her hands....

[Orderlimit]

";) I think we will be waiting a while though."

It certainly will be a long wait Cassa !.

[cassa333]

I'll let you know if we get a knock at the door ;)

[cassa333]

Well we had the knock on the door. Well a phone call at any rate.

She claimed someone (not me) man handled her and left a bruse on her arm. She even said she refused to talk to us and dashed away refusing to take the letter we had for her. She also admitted that when her way was blocked by someone standing in the door way (we didn't want her going out the front door because we are a poling station and it was the eu voting) that I had even said the rear door behind her was open for her to go through.

The policeman was really appologetic and said he was duty bound to investigte but having spent two hours listening to her rant on about everything from contacting the charity commission to theft of money (not that she informed us of it) he was going to recomend no further action and that was before he had even asked us what had happened...