Reference no: EM133236908

Your client, Mr X informs you that he has received a notice from his employer instructing him to appear at a hearing. Your client informs you that in July 2022, he was working at his desk when his colleague, Mr Y, angrily approached him. Mr Y began shouting at your client stating that his work was below standard and that he was fortunate to have his job. In addition, your client angrily responded by stating that Mr Y is only doing this because he lost a bet to your client on a sporting event the past weekend. After stating this, Mr Y threw a punch at your client's stomach which landed. Subsequently, your client used his training in self defence to subdue Mr Y by pinning him down. Mr Y argued that when your client pinned him down, he hurt his harm and that your client escalated the assault. As a result of this, the employer has initiated disciplinary proceedings against both your client and Mr Y. Based on the above, answer the following:

NB: 2.3 must be in two hundred fifty words and you can refer to applicable legislation for full marks

2.1 Assuming that your client was dismissed, what form of dismissal would this be?

2.2 What offence would the employer be able to charge both Mr Y and your client with?

2.3 Based on the facts provided, determine if the dismissal of your client would be substantively fair. Your answer must include any defence that your client may raise and the prospects of success.