Posted By Saracen11 Hi Stuart, I hope you recover from this experience soon. Have you taken this person down the disciplinary route? Gross misconduct seems to fit here... Take care, speedy recovery. Regards

Posted By Raymond Rapp Stuart My sympathies as well. I would have thought the offender is now an ex-employee. As for the Criminal Justice System, it can appear to be a complete joke at times. I suspect that had you been a policeman the court would have given a more severe sentence. Not fair, I know. There is still a civil claim to pursue if you so wish. I should think with the evidence you will have no difficulties in proving your case. Good luck and a speedy recovery. Ray

Posted By Dave Wilson I think you need to separte this mate,You got your justice he was found guilty, what you are disgusted with is the punishment meted out, that shocking if I say so myself. Take him to court and sue for damages if you can afford to do this.

Posted By Pete48 Stuart, I agree with David's post, it really is the best advice you are likely to receive about this sad affair. I sincerely hope that you will be able to move on beyond this experience. I would guess that most of us have faced potentially violent situations in the course of our duties but most, thankfully, do not escalate to the extent that yours has. Your sad and frightening experience is a useful reminder to us all of the hidden dangers in our work, thank you for sharing it with us. God speed with your recovery. Pete

Posted By Stuart James Gornall Thanks to all for your support which makes me feel that I am not alone. For information I left the Company shortly after the assault, partly because the Company was being sold. However the assault was certainly a major factor in my decision to leave I still think what happened to me is symptomatic of the society we live in Do wrong and don't pay the price zero deterrents add to more crime It would still be nice to know the IOSH view on this matter !

Posted By Morgan Healey Stuart, Have you considered taking up self defence lessons?

Posted By Malcolm Hogarth Stuart, As usual with this forum there has been a measured response to your post with some good comments (although I feel the reply from Morgan a touch flippant and insensitive given the serious nature of the post). As far as the outcome of the case is concerned, you are naturally aggrieved at the leniant sentence imposed, particularly as it followed a trial at which the defendent was found guilty. It is difficult for us to get a feel of the incident, how it developed etc with just your input, and to read into what might have been the mitigating factors (was the defendant of previous good character, was he provoked etc). He was ultimately found guilty of the offence (what was the charge?), presumabily by Magistrates,and convicted. A conditional dishcharge is not strictly a let off as if he is convicted of any other offence during the period of the CD he will be re-sentenced for this offence. You have stated that the details of the assault were not very nice and that it was caught on CCTV. I wonder whether the prosecution are with you on the leniancy of the sentence and whether they would consider an appeal? This probably does not alter your perception of the criminal justice system but might clarify things a bit for you and other readers. Malcolm

Posted By Rob T Morgan - you talk about people skills - did you miss that day at school? How can you possibly know that it was the "manner in which he spoke to him". I'm all for people expressing opinions on here and probably to a level which some people disagree with, but to make assumptions like that is just plain ignorance. Maybe you're used to that level of violence and if you cope well, then good luck to you but don't have a go at people who aren't necessarily quite as macho!

Posted By Malcolm Hogarth Morgan -I wonder whether you are trying to provoke (or to use a colloquialism , to wind people up)? I believe Stuart has a genuine point in challenging the criminal justice system and the apparent lenient sentence handed to the defendant. In my previous reply I also made the point about us not being in full possession of the facts. The fact that people in public life are subject to assault all the time does not make it acceptable. It could be argued that the only people 'expected' to be assaulted during the course of their employment might be Police Officers. However nobody should be expected to be assaulted at work and society should expect those that are to have confidence that perpetrators should be dealt with appropriately. In my own workplace we had three members of staff assaulted and the assailant went to prison. Malcolm

Posted By Morgan Healey Malcom, So you agree British Justices Works.

Posted By Kieran J Duignan Eric This is a brief note to correct your misinterpretation of my comment. I have no doubt you misinterpreted it and then spent time writing your misinterpretation, with the best of goodwill. From my own experience of lobbying the President and that of other members, I am quite sure that he rarely if ever spends his time making misinterpretations and then spends further time justifying his misinterpretations. At the same time as I have had a (courteous and reasoned) letter of rejection on an issue of public policy significantly larger than the one raised by Stuart, I have had a letter published in SHP (which had the additional benefit of a few bob in book tokens as the letter of the month). In the same vein, I have written in SHP and given a conference paper on a theme I (and some others) believe to be essential to the healthy growth of the profession, namely the cultivation of coaching skills. This very slowly is winning ground. So, I simply encourage Stuart to follow a path I'm taking myself. May I respectfully wish that you to likewise in preference to investing your valuable time in making inaccurate assumptions. With every good wish

Posted By Rob T Morgan, British "justice" has become the laughing stock of the western world. Punishment never befits the crime. The police and courts are supposed to reflect the way the public feels in a democracy but at the last poll 79% of the public wanted the death penalty brought back for certain crimes. When you have an individual arrested for dragging his son out of bed to go to school or a woman firing an air gun, not at but next to, the horrible little oik and going to jail for it, you must wonder as to the sense of our judiciary. What about being fined for mixing your rubbish - is that worse than hitting someone? The country has gone nuts!

Posted By Stuart James Gornall Dear Colleagues Thanks again to all for your responses which almost overwhelmingly stimulated intelligent debate and a balanced measured response. However I do take issue with some of the comments of Mr Morgan Healey. I will respond to each comment in turn Morgan For the Record Your first comment I quote Have you considered taking up self defence lessons? Answer I am no shrinking Violet. I actually feel that I don't need self defence lessons having served in the British Army ( I can look after myself) The fact that I did not retaliate was I thought the right response ( Brawling in the middle of a traffic route with an employee is not really a good thing ). I must be forgiven for somewhat naively expecting justice to be done through the Courts By the way have you ever been assaulted ? Your Second Comment I quote Probably the manner in which you spoke to the offender was a contributing factor. People skills springs to mind. Answer How can you possibly know or assume how I conducted myself in this situation For the record I am an experienced Manager and dealt with the situation in the appropriate manner. Indeed the main prosecution witness in the court confirmed this Why do you assume otherwise? Your final point I quote The Courts in there wisdom obviously came to this conclusion after hearing all the evidence and mitigating circumstances, which by the way STUART has failed to mention, or what the initial charge was, so how can any of you lot say it was injustice. Answer The injustice is so obvious so I will not even discuss the first part of your comments . Finally referring to fellow professionals as 'you lot' makes me wonder as to your own experience and credentials . Often in this job we all need a bit of support which is why I posted this thread. And as expected it has been good to have the input of like minded professionals. Your comments however surprise me.

Posted By Malcolm Hogarth Has Morgan gone to ground? We are waiting in anticipation for your response to Stuarts post where he takes issue with some of your comments. I for one would be very interested in your reply. Malcolm

Posted By Malcolm Hogarth Well put Kieran, (You did not need to include the 'with respect' but it is acknowledged) I guess I was just attemting to keep the thread going but your point is well made and I embrace it. Malcolm.