False accusation lead to suspension. Any advice about employee rights?

[jaydegarland90]

Its a long story but i need advice on employment rights quite desprately.


This is based on a temp contract at a call centre within an open plan floor seating almost 50 agents.
My partner started this job 4 weeks ago and since starting, his female manager has been inappropriately touching his shoulders. He has kindly asked her to stop but now it continues only when he is using the phone


Monday, she asked him to come sit next to her for the day but did do in an almost playful, flirty way from the other side of the floor. This person already makes him feel uncomfortable so he refused kindly thinking she was joking. He did end up sitting next to her after she told him that he was required to as a direct order from herself, so she could monitor his calls. Seeing as this reason is acceptable, he said next to her. (Calls are normally monitored electronically by listening to recorded calls and sending feedback via a computer program). After telling him he was a 'good boy' and had half the floor laugh at him, he asked her into a pirvate room.


He has admitted that he did have a defencive and unprofessional attatude while talking to her but he explained that she had made him feel belittled, patronised and uncomfortable. She insisted at first that she hadn't but he insisted she had and she replied with 'note taken'. He apologied for his unprofessional behaviour and she thanked him. She said to have it as a warning for him and to hear not more of it and let it go and return to work.


She left work to go home 30mins later without a single monitor. He stayed where he was until the end of his shift. Next day, two people from management pulled him into a room and began to read out an A4 note written by his manager that heI had a 'angry emotional outburst in the middle of the floor where he swore repeatedly and yelled at his manager'
This is, of course, untrue. He is now suspended on full pay until further notice while they conduct an investigation.


He applied for a permniant possition within the company and he has been offered the possiton and asked to start asap. However, the people conducting the investigation has stopped the application and said to his 'I will make sure you will not get it. Ive put it on hold'
My partner asked what this meant. They said 'It means, You will not get this job. '


Does anyone have professional advice or information about his rights and if he has any case in taking this further?
He would like this job that this investigation and management are 'doing their best to make sure he do not get'.
They have confirmed to him they have not yet found any evidence which is because it did not happen.


Can they truly stop his job offer on the grounds of an accusation that has not yet been proved?


HR or the people investigating do not know of the inapropiate touching or the way my manager speaks to him which is because he's not been asked for his side.
Is there any advice anyone can give me?


He cannot find witnesses because he is suspended. He have been forbid to speak to colleagues on the matter or be anywhere near the building. If he does, he was told he will be fired immediately. He is still waiting a letter from HR.


Is there anything we can do or fight back with?

[Hurricane Puffrose]

Re: False accusation lead to suspension. Any advice about employee rights?

Hello Jay

Welcome to Legal Beagles

You are definatly in the right place for this, we can and WILL help you.
How many hours per week does he normally work?

As far as I am aware your partner has a good case for sexual harrasment, and I am going to put a call out for you to get the right person to you asap.

Calling out for the experts for you

P
While we wait for them, can I please ask...

Is your partner part of a union?
Has

[leclerc]

Re: False accusation lead to suspension. Any advice about employee rights?

Militant is the one person who is pretty good at this type of thing.

Did he ask to see the evidence presented to them?
How many members of staff have reported the incident?
Does he really want this job?


Can I ask the obvious question, is he with an agency and why is he not seeking other employment? Why have they not simply got rid of him already?

Does not make sense.

[jaydegarland90]

Re: False accusation lead to suspension. Any advice about employee rights?

Thanks for replying so promptly. In answers to your questions-

No, he's not apart of a union.
He asked to see the note, but they said that they were about to go through it with them but did not show him the note, they read from it.
Just one member of staff reported this, his manager.
He couldn't care less about this job, he just wants the permanent possition offered to him in another department.

No, Hes not with any agency. He's seeking employment elsewhere, but jobs are thin lately.
I have no idea why they've not got rid of him entirely. They are investigating currently but they have said they have not found any evidence from a phone call he had from the manager in charge of it all today.

[Hurricane Puffrose]

Re: False accusation lead to suspension. Any advice about employee rights?

At the moment the best person to help is on a well deserved break in the USA, so we will try our hardest to help you as much as we can hun.

from the ACAS website (has your partner contacted ACAS about this?)

Everyone should be treated with dignity and respect at work. Bullying and harassment of any kind are in no-one's interest and should not be tolerated in the workplace, but if you are being bullied or harassed it can be difficult to know what to do about it. This leaflet: [*=left]gives employees basic information about bullying and harassment [*=left]summarises the responsibilities of employers [*=left]outlines some of the options open to you [*=left]points you to sources of further information and advice.

What are bullying and harassment?
These terms are used interchangeably by most people, and many definitions include bullying as a form of harassment. Harassment, in general terms is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.
Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.
Examples of bullying/harassing behaviour include:

• [*=left]spreading malicious rumours, or insulting someone by word or behaviour (particularly on the grounds of age, race, sex, disability, sexual orientation and religion or belief)
  [*=left]copying memos that are critical about someone to others who do not need to know
  [*=left]ridiculing or demeaning someone – picking on them or setting them up to fail
  [*=left]exclusion or victimisation
  [*=left]unfair treatment
  [*=left]overbearing supervision or other misuse of power or position
  [*=left]unwelcome sexual advances – touching, standing too close, the display of offensive materials, asking for sexual favours, making decisions on the basis of sexual advances being accepted or rejected
  [*=left]making threats or comments about job security without foundation
  [*=left]deliberately undermining a competent worker by overloading and constant criticism
  [*=left]preventing individuals progressing by intentionally blocking promotion or training opportunities.

Bullying and harassment are not necessarily face to face. They may also occur in written communications, email, phone, and automatic supervision methods such as computer recording of downtime from work or the number of calls handled if these are not applied to all workers.
Bullying and harassment make someone feel anxious and humiliated. Feelings of anger and frustration at being unable to cope may be triggered. Some people may try to retaliate in some way. Others may become frightened and demotivated. Stress, loss of self-confidence and self-esteem caused by harassment or bullying can lead to job insecurity, illness, absence from work, and even resignation. Almost always job performance is affected and relations in the workplace suffer.
The leaflet is available to download from the 'Download PDF' link below. Alternatively, hard copies are available to order from our publications section of the site.


http://www.acas.org.uk/index.aspx?articleid=797


From UNISON,

Sex - The Sex Discrimination Act creates a distinct form of sexual harassment where the harasser ‘engages in any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of (i) violating his/her dignity or (ii) of creating an intimidating,
hostile, degrading, humiliating or offensive environment for him/her’. This is distinct from harassment which is meted out to someone because of their gender (eg because they are a man or a woman).
Act from April 2008 include a requirement on employers to take reasonable steps to prevent a third party from harassing their employees. However, the employer will only be liable if they know about the harassment and it has taken place at work on at least two other occasions.

Unfair dismissal
In serious situations a worker may feel they have no choice but to resign because they are being bullied or harassed. Where a person feels they can no longer continue in work because they have been bullied or harassed, and a complaint does not fall within the equality legislation described above they may have a claim for unfair dismissal (“constructive dismissal”) against their employer.
However, such claims are very hard to evidence and win and should be approached with extreme caution.

What proof do I need of sexual harassment?

Harassment is where someone’s dignity is violated, or they suffer an intimidating, hostile, degrading, humiliating or offensive environment. Harassment on the basis of a protected characteristic is prohibited by the Equality Act 2010 - and if the harassment is of a sexual nature, it will amount to sexual harassment.
For example, if a colleague persists in making remarks about what nice legs a female employee has, or her boss promises her promotion if she goes away with him for the weekend, she should be able to claim that this is sexual harassment and ask her employer to do something about it.

I will keep looking for more info for you hun, sorry its a bit patchy

[jaydegarland90]

Re: False accusation lead to suspension. Any advice about employee rights?

Oh, and regards to hours...
His hours are 20 a week however hes been doing 42-44 some weeks due to available overtime.
He hasn't spoken to anyone as we are both unsure of whom is best to speak to.
Your information is brilliant, thank you so much.
It all seems relivant to what has been happening.

Just for more information - his manager is being demoted at the end of the month to became an call agent again. Another employee under her has also been fired resently under her accusation that he was always late. This person argued that he had not and demanded them to check phone records. He was also on the same contract as my partner but he was let go a week later. All seems abit strange that they have not done the same.

[leclerc]

Re: False accusation lead to suspension. Any advice about employee rights?

Thanks for replying so promptly. In answers to your questions-

No, he's not apart of a union.
He asked to see the note, but they said that they were about to go through it with them but did not show him the note, they read from it.
Just one member of staff reported this, his manager.
He couldn't care less about this job, he just wants the permanent possition offered to him in another department.

No, Hes not with any agency. He's seeking employment elsewhere, but jobs are thin lately.
I have no idea why they've not got rid of him entirely. They are investigating currently but they have said they have not found any evidence from a phone call he had from the manager in charge of it all today.

Was that member of staff also going for this job and therefore was the allegation made maliciously to remove his chances of gaining that job?
If the manager has NOT corroborated the allegation why is he still suspended?
Is he suspended on FULL pay?

[SpringerSpaniel]

Re: False accusation lead to suspension. Any advice about employee rights?

He should make a complaint of unlawful sex discrimination re the inappropriate touching etc. There is no minimum qualifying period of service for this. The complaint should be made by HR. If he is denied the permanent position, he can make a complaint of the same in respect of the further detriment of not getting the permanent job, this could if not settled by negotiation be brought to an Employment Tribunal.

A Law Centre www.lawcentres.org.uk can give free advice about an employment problems, they will work under the supervision of a qualified solicitor.

[jaydegarland90]

Re: False accusation lead to suspension. Any advice about employee rights?

As far a he is aware, she isn't going for the same job, no.

He is suspended on FULL pay yes. Odd I know. Full pay until further notice, pending investigation is all theyve said.
I think to make the complaint to HR is the best thing to do at the moment. To have them tell him he cannot have this new job due to an improved accusation is what is upsetting him the most at this point.


Thank you all for your advice. The forum is so generous.

[SpringerSpaniel]

Re: False accusation lead to suspension. Any advice about employee rights?

I think it is important that he make the counter-allegation of sex discrimination; he is being treated differently on account of matters related to his gender / sexual orientation - although it is less common for this to be a problem for a guy, there is still a legal right to equal treatment in the workplace.

[jaydegarland90]

Re: False accusation lead to suspension. Any advice about employee rights?

Thank you for your advice.

His colleagues have noticed that she treats him differently. They make jokes about the frequent private meetings to give feedback and the touching.

[bluebottle]

Re: False accusation lead to suspension. Any advice about employee rights?

As well as sexual harassment, the inappropriate touching, when your OH has explicitly told the manager not to do so, is now Common Assault, for which the manager can be prosecuted. There are also, in my considered judgement, grounds for seeking an ex-parte injunction under Section 3, Protection from Harassment Act 1997, restraining the manager and employer from engaging in any further course of conduct which amounts to harassment. Failure to comply with such an injunction carries criminal sanctions, including an unlimited fine, or up to five years' imprisonment or both. There is also case law that is applicable to harassment in employment situations in the form of Majrowski -v- Guys and St Thomas's NHS Trust 2005.