Articles

Five tips for handling fighting in the workplace

When two employees go to war, the fallout can be far reaching. Employers should consider these five tips before taking action.
by Law and Labour23 October 2016

Workplace disagreements are commonplace, but it is thankfully rare for them to escalate into the type of conduct best suited to a boxing ring. However, should the worst happen and two employees end up trading blows, there are five tips that employers should bear in mind.

1 Do not rush to judgement

As tempting as it might be to sack the offending employees and get the matter over with quickly, you should avoid making rash decisions based on assumptions which cannot be backed up by convincing evidence.

2 Investigate thoroughly

The best course of action is to carry out a full investigation before deciding on the appropriate penalty. Meet with each party and get their version of events. If one person has been accused of being the aggressor, they should still have the chance to answer the case against them and put forward any mitigation.

On some occasions the fight may be sufficiently serious to result in police involvement. However, there is no need for the employer to wait for the outcome of criminal proceedings before taking action, as long as it has carried out its own investigation that is fair and reasonable in all the circumstances.

3 Talk to witnesses

The offending employees are likely to give differing accounts of what took place. Witness evidence will therefore be key to deciding on guilt.

One complication is that an employee who is under police investigation might not wish to speak about the fight if to do so could lead them to incriminate themselves in the criminal proceedings. This may hinder your ability to get useful evidence from that person.

4 Make fair decisions

It is not uncommon for one party to end up the loser in a workplace battle. Does that naturally make them the innocent party who should therefore get a lighter penalty? Not necessarily. You should therefore avoid treating one party more favourably than the other unless the evidence strongly indicates that the offenders’ conduct was not sufficiently similar.

You should consider whether the evidence is sufficient to determine who was responsible for the fight. If not, then both offenders should receive similar disciplinary sanctions.

5 Consider the company’s reputation

Employers should be alert to the potential risk of harm to the company’s reputation caused by the altercation, both within the business and externally. The worst case scenario is that news of the fight reaches the press causing negative publicity that has an adverse impact on the company’s business.

Even if news of the fight does not leave the business, it may still have a detrimental effect on workplace relations. It is therefore useful following an altercation to send a circular to staff with a warning that any fighting, whether on work premises or at work-related social activities away from the office, will result in severe disciplinary penalties, including dismissal. Such warnings will hopefully make any employee think twice before he invites a colleague to step outside and handle a dispute “mano a mano”.

Disclaimer: The content on this website is made available for educational purposes only as well as to give you information and a general understanding of the law. It is not, and should not be taken as, legal advice. You should not rely on, take, or fail to take any action based upon this information.
 
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