Assault, according to The Labour Law for Managers Loose Leaf Service, is classified as the unlawful and intentional application of force to a person, or a threat that force will be applied. For example, an employee physically beating another up or threatening to punch him.
It's important that your disciplinary procedure is fair when disciplining for assault. If you get it wrong, you could be hauled before the labour court to answer to unfair dismissal charges.
Consider these five points when disciplining for assault
The penalty imposed at a disciplinary enquiry will be influenced by a number of factors including:
Keep in mind that although both parties to a fight should be charged with assault, it doesn't mean both of them should receive the same punishment. You must also take into account the personal circumstances of the employees involved in the fight.
This includes, their background, disciplinary record, length of service and any other mitigating or aggravating circumstances. If you fail to consider each employee as an individual, it could lead to unfair discipline of one or both parties to a fight.