DH physically assaulted at work advice needed please!

[Alex2110]

My Dh and another male had a verbal exchange (escalated to shouting) at work which resulted in dh being pushed to the floor, punched, kicked and boxes thrown on top of him (this was in a warehouse).
There were no witnesses to the actual attack although staff on the floor above obviously heard a commotion and came down. It would have been clear that something had taken place and the other guy had to be held back and was being agressive. My DH walked away whilst the other guy said that he expected an apology! My DH came home as the boss wasn't on site. He contacted him straight away and went back in when he had returned.
This guy has threatened to 'shut up' my DH a few weeks ago. It was reported to the boss then but nothing done. I just advised trying to have minimal contact but that's very difficult in a small team.
Yesterday, havig been interviewed by the manager this guy is denying the attack and saying that my DH tripped over. I am not sure what the other employees have said but I wouldnt be surprised if they don't want to get involved.
This is a small company with no internal HR dept as such so assuming DH's line manager will be responsible for dealing with it.
My DH is not this guys line manager but is in a more senior position. The person that attacked him was supposed to be assisting with a project but has repeatedly been difficult and obstructive and it's been brewing for a while.
However, I think a line has been crossed and my DH doesn't feel safe. This person is huge and obviously isn't afraid to make his point with his fists. I am really worried this will happen again.
At the moment my DH is being made to feel like he is making a fuss. He was sent home yesterday, the other guy was not. He is now working in the office (so can't really do his job).

My DH manager thought that they should just all sit down to discuss the matter which I think is not reasonable as the other guy is denying his actions.
I think DH should report the assault to the police but unsure whether it's worth it without witnesses.
TBH I get the impression that his boss is treating this as a big hassle and is expected DH to get on with the job regardless.
Any suggestions on how to handle this horrible situation would be very much appreciated. DH is sole earner so we need this job but I can't expect him to work somewhere he feels under threat of attack.
Many thanks

Is he in a union? That should be his first call.

Does he want to involve the police?

I'd contact the police. With such an attack surely your DH has visible injuries/bruising? That will be enough of a start with evidence as clearly things like that don't just happen on their own.

It's not fair that your husband is penalised for being attacked at work and if his workplace aren't taking action against his attacker, he should.

He isn't in a union. I think he should go to the police but he's worried nothing will come of it. I haven't had chance to speak to him since his conversation with his boss this morning so not sure what if any action is being taken. I'm just not sure if his boss is obliged legally to do anything or not if there are no witnesses?

The boss is legally obliged to provide a safe working environment. Clearly the current work environment is not safe for your husband.

I’d absolutely report an assault of this nature to the police. And I’d be using the words ‘hostile working environment’ and ‘constructive dismissal’ when I discussed this with the boss

His boss has a duty of care to ensure a safe working environment. The problem is the lack of witnesses.

If he can make a timeline of other incidents then there may be value in issuing a grievance against the other worker, it will hold more weight if he can show a history of intimidation, hopefully with witnesses at some point.

How long have they both worked there? One thing to be aware of is that your husband may also be disciplined for the initial argument, and more depending on what the other person alleges.

Please don't mention constructive dismissal without understanding what it means. CD cases are notoriously difficult to win, and throwing around legal terms without a solid basis tends to harm your position, not help it.

They've both worked there approx 6 months. DH has written an account of events leading up to and including the incident. He was aware that there was tension but Ingetbthe impression that DHs boss isn't that effective at managing people. In fact he has left a lot of decision making to DH on this project and that may be what the other worker has an issue with. TBH unless the other guy is dismissed (which he won't without witnesses) I don't think DH will stay.

He needs to report it to the police and I agree with bombardier

DH has come home with a letter from his boss basically staying that no further action will be taken due to lack of evidence. It says that DH and the other guy have to find a way to work collaboratively together and pretty much agree to disagree. I've talked it over with DH and he is going to reply that he doesn't feel safe working with him.
Let's face it, now he's got away with this behaviour he's likely to do something again given the opportunity. My DH feels so upset that essentially his boss isn't believing this happened. DH boss hasn't come up with any solution and finishes the letter saying that DH can take it further as a grievance but that another director will have to handle it.

Not RTFT

Is there CCTV? DH is an operations manage and there are cameras absolutely everywhere in his warehouse.

The employee at fault should have been suspended immediately pending a disciplinary hearing which would most likely end up in gross misconduct/dismissal

Does your DH have any bruises? In this case, I would be advising my DH to go to the police, possibly a doctor who might be able to provide medical evidence regarding the assault. He should ask the police what he should do, perhaps they might suggest that the police be involved in the discussion where they all sit down and talk about it...

There is evidence of shouting, aggression and the boxes being thrown and also the other party is claiming that DH tripped, therefore that something did happen.

DH should also speak to ACAS and get their advice, suggesting that his employers do the same. This is beyond a grievance, it is assault.

If his boss has in writing, decided not to do anything, your DH should go to the other directors and remind them of their duty to provide a safe working environment for their employees.

Your poor husband.. how awful.

FWIW, my husband and I worked in factories and if such a situation arose, there would be suspension, investigation and police involved.

Thanks you all for your replies. This morning, DH was 'dismissed' or sacked by his boss. He stated that DH had left him no other option and that DH was being divisive. He was then escorted from the building.
DH's boss said he would be sending out a letter which I hope we receive tomorrow. We have spoken to the police and have been told that the ball is in our court whether to pursue a charge. They were very helpful and can interview the guy but as there were no witnesses or cctv I don't think they'll get far.
However, it won't get DH's job back and I just feel so upset and angry at the injustice. It feels like DH's boss has taken umbrage at his letter and was unwilling to consider any alternative working options (such as DH being paired with another team member).
We will speak to a solicitor just to find out if the dismissal is legal (I'm guessing as he's work there under 12 months it is?). I'm just so upset for my DH.

I am so sorry. That is truly awful treatment. He should contact the other directors and he should pursue the complaint with the police. As you say.. won't get his job back and under 2 years there is no grounds for unfair dismissal.