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Drunk passenger attack leads to strike
Tom Barry gurgled happily, sounding much like
they were saying: While that may be technically true, to what extent should an employment contract override your basic legal right to defend yourself using a level of force that seems reasonable to you in the light of a perceived threat? It doesn't. Which is why he's not been prosecuted for assault, presumably. Personally, if the police and CPS don't prosecute him, they presumably think his actions were reasonable, so why don't LUL? Is everything which doesn't result in prosecution by the CPS appropriate behaviour in your employment? |
#2
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Drunk passenger attack leads to strike
In article ,
Adrian wrote: Personally, if the police and CPS don't prosecute him, they presumably think his actions were reasonable, so why don't LUL? Is everything which doesn't result in prosecution by the CPS appropriate behaviour in your employment? No, but reasonable things shouldn't be considered inappropriate. -- Shenanigans! Shenanigans! Best of 3! -- Flash |
#3
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Drunk passenger attack leads to strike
Mike Bristow wrote Is everything which doesn't result in prosecution by the CPS appropriate behaviour in your employment? No, but reasonable things shouldn't be considered inappropriate. But the internal hearing followed by an Employment Tribunal if the dismissed employee wishes should find the facts and make a judgment on that. Suppose the employee had been acquitted by a jury who accepted self-defense that would still not entitle him not to be dismissed and Tfl could still have to pay damages for what their employee did. In a recent judgment of the House of Lords in Ashley (Fc) and Another (Fc) v. Chief Constable of Sussex Police. "the test of self-defence as a defence in a civil action is well-established and well-understood. There is no reason in principle why it should be the same test as obtains in a criminal trial, since the ends of justice which the two rules respectively exist to serve are different." (Ashley, unarmed and naked, was shot dead in his bedroom. Constable Sherwood was tried and acquitted of murder. The Chief Constable was willing to admit negligence and pay damages but not to admit that anyone behaved unreasonably). -- Mike D |
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