Employment issue

[Stimo]

I hope you can help me, last year {aug 11} I put in a grievance against the managers son for sexual harassment and bullying and he got a twelve month written warning I appealed as I really felt unable to work in the same building as him but the original decision was upheld. Various meeting have taken place with hr to get me back to work. Last week 16th may I returned to work after I had written confirmation from the company that the man in question would be kept out of most of the office block that I work in. The day I returned to work I was greeted by a manager from our head office in Doncaster he was not friendly or helpful and I felt that he really didn't want me there also the other staff did not speak .My sister also received the same treatment she has also put a complaint in against the same man for bullying after trying to protect me.

After my day at work I phoned hr and told them about the horrible day and we have since had a meeting and she is still trying to get us back to work but I don't see this working, she has told me she needs it in writing that i am not coming back but i feel i am losing my job through no fault of my own. Can i take them to court while still employed by them or do i need to resign under constructive dismissal.I have been off ill with work related stress for 8 months.

[bluebottle]

Re: Employment issue

Hi Stimo and welcome to Legal Beagles.

Right. Your employer is in breach of Section 2, Health and Safety at Work Act 1974 for exposing you to unnecessary stress and failing to ensure a safe working environment. The other thing that stands out like a sore thumb in your post is harassment. There is both case and statute law that deals with this sort of behaviour. The statute law is Section 2, Protection from Harassment Act 1997. The case law is Mjrowski -v- Guys and St Thomas's NHS Trust 2005.

I note you have mentioned sexual harassment. This may be an offence under the PHA, but it may also be one or more offences under the Sexual Offences Act 2003. This type of harassment can be very traumatising and must be taken seriously. If you can disclose the form this took, it will be easier for you to be advised as to the best course of action to take. You may wish to send a Private Message. What you disclose will be treated in the strictest confidence.

[teaboy2]

Re: Employment issue

Sexual Harassment and bullying are usually gross misconduct offenses in the work place that nearly always result in dismissal, if it says anything in your company hand book about gross miconduct can you please post up what it says. Because if it says they are dismissable acts then it will support my assumption that this guy was only kept in the job due to his father being a manager.

Also you may want to report the sexual harassment to the police as they can take it further, as it is a criminal offense as well as a breach of the equality act 2010 which applies to work related sexual harassment cases. Am sure Bluebottle above, can give you more info on what the police can do, being a retired police officer himself.

[Stimo]

Re: Employment issue

Hi Blue bottle thanks for your reply,
This is what the grievance letter said:
Trying to touch privates while making lewd comments
suggesting on a daily basis that i go to toilet to have sex with him
cornering me in the kitchen,stationary cupboard office again pestering for sex
touching me from behind & putting his hand down the back of my trousers & round near my breast area we moved my desk so that he couldn't get behind me and also ignored him this is when the bullying started

[Stimo]

Re: Employment issue

Hi Teaboy thanks for your reply.
I cannot remember being given a company handbook so i just checked my contract and it says full details are available in general office so i will not be able to give you that info.

[teaboy2]

Re: Employment issue

Hi Stimo

You can request a copy by letter. They should then send you one. Also given the description of the incidents you suffered at the hands of this creep i would must certainly report him to the police. Also your employer maybe in breach of their duty of care, by not dismissing him, you have clear grounds to take this to tribunal and possible for constructive dismissal, though i would not resign if i was you, as constructive dismissal is hard to proof. Your best bet is to contact the police have this guy arrested from sexual assualt (as that is what it is) and then apply to the tribunal for breach of contract (breach of duty of care and failure to protect you) and sexual harassment and bullying.

[Stimo]

Re: Employment issue

Hi Teaboy,
So are you saying stay on the sick if so the hr are asking for reply on monday as to whether or not we are returning i don't know what to say.

[teaboy2]

Re: Employment issue

Hi Teaboy,
So are you saying stay on the sick if so the hr are asking for reply on monday as to whether or not we are returning i don't know what to say.

Have you been signed off sick?

If not tell them you you will return to work when your feeling better, and that you will be speaking to your doctor this week to get a sick note. So i would advise that you visit your doctor tell him/her what happened and your doctor will sign you off sick due to work related stress. That way they can not dismiss you for taking time of sick without a sick note. Though given the circumstances they would be making a big mistake if they did. So long as you make it clear you do not intend to give up work or leave the job, then it puts the ball in their court whether they dismiss you or not. By the sounds of things they are hoping you do not return to work.

[Stimo]

Re: Employment issue

I have been signed off work for 8 months with work related stress

[teaboy2]

Re: Employment issue

I have been signed off work for 8 months with work related stress

In that case, they should not be asking you if you will be returning to work.

Simply tell them that you have been signed of by a doctor for work related stress as a direct result of sexual assault/harassment by one of your work colleagues, you will be returning to work once an adequate risk assement as completed and your doctor says you are fit to return.

They simply will not beable to complete an adequate risk assessment whilst this creep is still working their where you are likely to bump into him. The fact you have a sick note and they are asking you if you will be returning to work, confirms my suspicions that they are hoping you will quit. By telling them you will be returning when an adequate risk assessment has been completed and when you doctor confirms your fit to return, we are putting the ball back into their side of the court, we wait see what they decide to do.

Can i ask when was the final decision given? as tribunal time limit is 3 months from last cause of action, though clearly it seems continous since the creep is there, though a tribunal may decide otherwise. As i said you probably should take it to the police.

[bluebottle]

Re: Employment issue

Stimo,

I've just read your post in which you describe the nature of the sexual harassment you have suffered. There are a number of questions that need answering, namely -

Did you report the incidents to anyone soon after they happened?
Did you ask that the police be called and, if so, were they called?
Were any threats made by the perpetrator?
What action, if any, did you employer take?

At least two of the incidents you describe are offences of Sexual Assault (Section 3, Sexual Offences Act 2003) and carry maximum penalties of up to 10 years' imprisonment for each offences.

If you could provide answers to the questions above, we'll be in a better position to help you.

[Stimo]

Re: Employment issue

The last sexual incident happened in apr 11 when i was in a managers office with 4 men including this man and he would not let me by he kept trying to touch my privates this went on for a while and i had to call my sister to get me out i have asked people including the manager if they remember but they do not {surprise surprise} one of the men even said hes a pervert isn't he but i cannot remember who he was.Both me and my sister tryed to deal with the situation because of who his dad was so we never reported it until aug11 when the bullying was getting worse.
I have never asked for the police to be called and the action that was taken was he got a 12 month written warning. I didn't want to lose my job as i'am the bread winner in my house and that is why i put up with his behavior for so long but this man made me very ill should of done something about it a lot sooner. If we stuck up for ourselves we would get problems from his dad{manager}

[teaboy2]

Re: Employment issue

I see, well the tribunal does make exceptions to the 3 month rule for serious cases, though may i suggest you contact Acas, and tell them everything that has happened, they are impartial and there to help employees that are having issues with their employers or at work in general. I still think you should go to the police, you have your sister as a witness to support your claim, and the fact he was given a 12 month final warning supports the fact that he did commit these offenses against you. Acas will be able to tell you more about if it's still possible to or worth going to tribunal. But despite this i think you can still take a civil claim out against this guy if you choose too.

As for his father, well if i was you i and he started bullying, intimidating you etc, i would spell it out to him that if he wants to be the next one to lose his job that you would be more that happy to take the necessary steps to make sure he does, as bullying you, intimidating you, threatening you or treating you any away that is detrimental and/or discrimitory is unlawful and you will not stand for it.

His son clearly took advantage of you and by the sounds of what he tried to do, he is clearly a predetor and its only a matter of time before he does the same to another woman. Hence why you need to act, otherwise you will feel guilty for not acting when he does do something to someone else.

By the way there is no time limit for reporting sexual assualt/abuse to the police!

[bluebottle]

Re: Employment issue

The last sexual incident happened in apr 11 when i was in a managers office with 4 men including this man and he would not let me by he kept trying to touch my privates this went on for a while and i had to call my sister to get me out i have asked people including the manager if they remember but they do not {surprise surprise} one of the men even said hes a pervert isn't he but i cannot remember who he was.Both me and my sister tryed to deal with the situation because of who his dad was so we never reported it until aug11 when the bullying was getting worse.

I have never asked for the police to be called and the action that was taken was he got a 12 month written warning. I didn't want to lose my job as i'am the bread winner in my house and that is why i put up with his behavior for so long but this man made me very ill should of done something about it a lot sooner. If we stuck up for ourselves we would get problems from his dad{manager}

Firstly, those who were there when this was happening are guilty of a criminal offence, that of Being An Accessory to A Sexual Assault in that they did nothing to stop him. When the man's father, the manager, found out about what had happened, he should have reported this to the police. He clearly did not do so. As your manager, he has a statutory duty to ensure you work within a safe environment under Section 2, Health & Safety at Work Act 1974. He has clearly failed to comply with this duty and by failing to take any action, has aggravated the matter.

A 12 month Written Warning in a case such as yours is woefully inadequate. Whether the perpetrator is his son or not, he should be out of the door with his P45 and Termination of Employment Letter in his hand, albeit that this should have been done at the time you made him first aware of his son's actions.

You will see from my signature below that I am a retired policeman. I would urge you to report these incidents to the police and, ideally, speak to your local police force's Sexual Offences Team. These teams are staffed by specially-trained officers who are non-judgemental and treat you with dignity and compassion. They are highly-respected within the police service. It is clear to me you have been traumatised by your experiences and I would not be at all surprised that what you are suffering from is Post-Traumatic Stress (PTS). This is quite common in sexual offences cases.

You have to put aside any thoughts about problems from the manager in this matter. Whilst I note you are the bread-winner in your household, the illness you are suffering may render you unable to work long-term if something isn't done to address this sexual predator and his Neanderthal colleagues, which includes his father. You also need to inform Jobcentre Plus. This is to ensure they don't send any more female candidates to your place of work until your assailant is removed altogether.

Stay on this thread and both Teaboy and myself will give you the necessary guidance to deal with this matter.