H&S in workplace/duty of care

[zeitgit]

Hello, getting together some urgent information on behalf of a friend, so any help that people can give would save me time. Friend works in retail for a large national company. She was recently sexually assaulted by a colleague who is based at another branch. Their paths often cross in her workplace including on his day off. The assault has been reported to the police and her employer informed. I have a number of concerns over the handling of the whole business, priority for now being employer's callous lack of care. Due to confusion, she believed herself to be on a day off when she went to the police station. Employer is requiring her make up the time, threatening disciplinary action due to her being minutes late and this in a week when she has been traumatised by the behaviour of a colleague. I am not aware of any steps taken by management to keep him from her workplace. As far as I can see, there is a complete dereliction of care on the side of the employer. I'm phoning her union with her on Monday but want to be prepared so I know what I'm talking about. Don't know what her union is like but if its anything like my experience of my own union, Napo, well, don't get me started. Can anyone working in HR tell me what relevant policies and procedures should I be looking for. Many thanks. zeitgit

[charitynjw]

Re: H&S in workplace/duty of care

Hi zeitgit,

I'm not an expert, but for what it is worth I suggest you become familiar with ACAS guidance, especially re mediation & advisory handbooks re discipline/grievance procedures.

Also, try to get everything in writing & keep a detailed contemporaneous diary (right down to the colour of everyone's socks lol)

http://www.acas.org.uk/index.aspx?articleid=1670

[Birdie]

Re: H&S in workplace/duty of care

Did the assault happen during work, if so, were they both at work that day or was it the alleged perpetrator's day off?

[zeitgit]

Re: H&S in workplace/duty of care

They were both on a day off at the time.

[cletus]

Re: H&S in workplace/duty of care

You need to look at your contract of employment and also if your company has any policies on discipline and conduct in most cases breaching these should be considered gross misconduct by the employer even if you are both off duty.
It sounds like detrimental treatment, first you need to submit a grievance and if your company has an harassment policy submit one as well