Accused of harassment at work

[Bradersn]

Hope I've come to the right place, need some advice on my rights and what could happen

suspended on full pay while investigations take place, will explain situation best I can it's a big of a mess, bear with me

ok so I work in a tesco express like store and for the past 6 months have been in a relationship with a colleague but it's not that straight forward, it's been an affair and she has 2 children and a partner.
All was well, ready to be together and had it all set out until the partner found out through a text message. Both gutted but I wasn't ready for what happened next, to convince him there has been nothing going on I find out she slept with him, it broke me completely and heard nothing for 2 weeks and during them 2 weeks I fell into depression, lost myself. She was off work sick I'm thinking the worst, she comes back and tells me it's over and she feels nothing for me anymore. I was then in an even worse state and had to take a week off work.

During my week off I entered the store 3 or 4 times to ask if she could agree to talk to me as I needed to know things, clear my head and move on. She says no everytime, I wasn't abusive or agressive just asked if she could tell me what has happened.

I go back ready to work and find out I'm suspended.
The manager has never known there has been a relationship, just rumours. But the day her partner found out she told the manager that I had sent a text saying how I feel about her, I think my manager has been watching me and thinks I have some mad crush or that I have a fixation, as I have found out that the manager told her to put the complaint in, says she had no other choice. If the management knew the truth I think they would be understanding but they should of known about the relationship beforehand so I'm a bit worried about that. To me it's been done maliciously as she wants nothing to do with me.

Just what can I do next as I don't feel as if I've done anything wrong and if they don't know the truth it will be seen as harassment but it's just been me trying to resolve issues.

Questions-
do I tell the truth?
Do I get a chance to read statements against me?
I don't want to move store, do I have a say?
what are the next steps I take?

[Bradersn]

Re: Accused of harassment at work

Just to add she does not want me to tell the investigators the fact that there has been a relationship, her statement has been done and is a complete lie and is probably covering herself

I have proof invade she denies including a audio recording of her saying she was told to do it and that she loved me.

Can she withdraw the complaint because it will end bad fir all parties involved in my opinion

[miliitant]

Re: Accused of harassment at work

Ask her to withdraw the complaint

[Bradersn]

Re: Accused of harassment at work

I don't want all the hassle and as much as I despise her I don't want her to either. But if she says no I'm in trouble as I'm not meant to have any contact with her. I've been treated unfairly but would rather leave it at that.

Anyone got any advice on how to go about it if she doesn't withdraw the complaint

[teaboy2]

Re: Accused of harassment at work

Just tell the truth, show text messages she sent you and list of incoming calls from her mobile same for any emails you have from her, to prove their was a relationship and that the complaint is purely her own way of covering up for her having an affair behind her partners back. There has clearly been no harassment if what you said is true, if anything she is feeling guilty and simply does not what to see you, therefore making up the harassment claim and trying to protray you as having an unhealthy interest in her, when in fact their was a mutual interest and relationship (now over) prior to her complaint.

Also you must accept the fact that the relationship is over and move on. I know you want to talk to her about it, but its clear she has decided to save her marriage (or stay with her partner and kids, married or not). You have to respect her decision and stop trying to discuss it with her as no amount of talking will make her change her mind especially when she has her kids to think about as well.

[Bradersn]

Re: Accused of harassment at work

Yep it is true just felt the need to get answers as anyone would do. But I'm past that just focusing on not losing a job I like doing. I've clearly been portrayed as some sort if stalker which is far from the truth and she wants me out to avoid the truth coming out.

I haven't helped myself though as I was signed off sick but went into the store and I've been drinking alot and the day I got suspended I was out all day got drunk and went into the store to ask what the he'll she I'd playing at. I did lose myself for a couple of weeks and spent stupid money on drink, go me!

I've got back up from my doctor and I'm thinking about getting some freinds and family to do character statements to show what the situation has done to me, good idea? Because it's not me

[Bradersn]

Re: Accused of harassment at work

Truth must be told! Thinking positive now and hoping for the best

the complaint can be withdrawn can't it? Despite the fact she has done a statement and carried on with investigations with her lies

[teaboy2]

Re: Accused of harassment at work

Yes it can be withdrawn, but to be honest, by contacting her and asking to her to withdraw, it could actually make the situation worse and could itself be deemed as further harassment given the current complaint. Character statements could help, especially if they confirm there was indeed a relationship between you and her.

[Bradersn]

Re: Accused of harassment at work

Probably is too risky given the situation, she could go and tell more lies. The fact there was a relationship may get both of us in trouble as we were asked and said no, does state that if there is a personal relationship between 2 colleagues the storeust be informed so it does not get in the way, now it has.

If I get the outcome I want can I say sue her for defamation of character as I've been made out to look like I'm a freak

[bluebottle]

Re: Accused of harassment at work

In order to prove harassment, it has to be shown that -

1. a person has engaged in a course of conduct amounting to harassment on at least two occasions;
2. the course of conduct had a detrimental effect on the person at whom it was directed; and
3. any reasonable person in possession of the same information would consider the course of conduct to be harassment.

If these elements cannot be proven, then, there is no case to answer. In the circumstances you describe, the making of false allegations can, in itself, amount to harassment and so can the manager's actions and your colleague getting him involved can amount to harassment, also. In an employment situation, the employer can be held vicariously-liable for harassment of an employee by another employee. This was confirmed by the Court of Appeal ruling in the case of Mjrowski -v- Guys & St Thomas's NHS Trust 2005. If a company is the employer, then, it is possible, the High Court ruling in Ferguson -v- British Gas Trading Ltd 2009 might apply, but the Mjrowski case is the more commonly-cited in workplace bullying/harassment cases.

Under Section 3, Protection from Harassment Act 1997, you can apply to the county court for a "without notice" injunction to restrain your colleague, the manager and Tesco from engaging in any further harassment. This you can do yourself, but I would strongly advise you to seek the advice of a legal professional in this respect. If you belong to a trade union, the union's legal department might be able to assist you or a legal professional at your local Law Centre might be able to help free of charge. The form required is a PF39CH, a copy of which I am attaching to this post. I am also attaching a copy of the Protection from Harassment Act 1997. If you require any further help, please come back onto this thread.

[Bradersn]

Re: Accused of harassment at work

Thanks to the above poster

I have had my investigation meeting and told the truth, it is still being seen as harassment as they are saying it was clear she did not want to talk to me and I have stopped her from doing her job on each occasion I was in the shop which I accept. I should not of been in the shop either so they're not too happy as I didn't follow the rules but did explain that my mental state of mind was not in a good place.

Just got to wait and see now where they take it now

just a question, now that I have had my meeting and I imagine they will speak to her again, is it now too late for her to withdraw the complaint?
As she phoned me today out the blue and thinks it's the best to do incase things escalate, she's hot this idea of us both going in together and saying we have between us sorted our differences and would like it to be taken no further

both don't want the hassle it may cause and I want to get back to work

would that be a good idea? Or is it now too late?
Any advice greatly appreciated

[bluebottle]

Re: Accused of harassment at work

Tesco are well-known for making allegations they have little or no evidence with which to substantiate them. Also, from what you describe, the alleged harassment needs to be a lot more serious and sustained to amount to harassment. Tesco has blown matters out of all proportion and made a mountain out of a molehill. I'm surprised that your shop steward didn't paste the manager all over the walls of his office.

If the young lady you mention wants to drop the matter and BOTH of you in agreement, then, yes, you should go in together and tell Tesco to drop it immediately. If they don't, then, you may have a case against them for harassment. Let us know how you get on.

[Bradersn]

Re: Accused of harassment at work

Ok update for you, it went to disceplinary and no further action was taken. A mediation meeting was arranged to clear the air and they let the two of us have a private meeting to clear up personal issues.

So I'm back to work, everything is back to normal until today, I'm merely walking up an isle to put some stock out and out of nowhere from behind I am punched in the back of the head to the floor and kicked and punched numerous times. It was her ex and was it not for the intervention of customers it could of been a lot worse. Wound to the side of the head, feeling dizzy and have a painful headache, all checked and could be worse.

Police now involved and plenty of witnesses plus the stores CCTV is superb so there will be prosecution, has left me very shaken and quite scared, never had an altercation in my life!

I'm not in a great way and won't feel comfatable to work for a while as he shouted in my face to say he will finish me when I'm not at work.

I feel the store could of done no more to protect me but a freind has said about compensation?

[bluebottle]

Re: Accused of harassment at work

An employer has a duty of care, under Section 2, Health and Safety at Work Act 1974, to ensure their employees are working in a safe environment. It certainly doesn't look like Tesco met that duty as what happened testifies. I am concerned that you sustained head injuries. Were you taken to hospital and checked over or did Tesco check you over? After sustaining a head injuries, especially following a blow to the head as you sustained, a person should be examined by a doctor and any necessary tests, scans, etc., carried out. Please make sure this is recorded in the Accident Book, as this is a requirement if you are claiming any DWP benefits whilst you are unable to work. In addition to reporting this to the police, Tesco should have reported this to Health and Safety Inspectors at the local Environmental Health Department.

As regards compensation, speak to the police officer(s) dealing with the case and also speak to the Criminal Injuries Compensation Authority (CICA). Your trade union rep will be able to advise you on any personal injury compensation you may be entitled to claim through the union. If you have been offered counselling, you would be wise to accept this as it is not unusual to feel very apprehensive after being subjected to such an assault.

[Bradersn]

Re: Accused of harassment at work

No I was not taken to hospital, think I'm one of those people who say don't worry I'll be fine and tirnt it down.

Awoken today and I have pain all around my head and neck with some swelling so it may now be a good idea as still got a headache and feel dizzy when I move.

The store knew the situation but told me I'm in a safe environment, this was 2months ago and now I have been assaulted, ok they have security measures in place but it would not stop someone who is angry from coming in and attacking someone. I'm very shaken and can't return to work for it to happen again, not worth the risk.

I understand he has previous convictions but not sure what for. It is being treated as ABH and the evidence couldn't be more clearer. I'm worried though as if he doesn't get convicted I'm stil at risk.