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Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38368
Experience:  Specialist in UK Law with expertise in UK Employment Law
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What are my rights if someone accused me of verbal sexual harassment

Customer Question

What are my rights if someone accused me of verbal sexual harassment at work?I do not agree with this accusation but temporarily ordered me to stay home.Does my employer can fire me right away whether it must give me a reprimand.Mario
Submitted: 3 years ago.
Category: UK Law
Expert:  Ben Jones replied 3 years ago.
Hello, thanks for your question. Please press Accept once you get my answer and I will discuss your query in more detail. For now please let me know how long you have worked there for?
Customer: replied 3 years ago.
About 6 years
Expert:  Ben Jones replied 3 years ago.
As you have been there for over a year you are protected against unfair dismissal That means that if your employer wants to dismiss you they must provide a potentially fair reason for dismissal and also follow a fair procedure. So if there has been an accusation made against you, your employer can’t just go ahead and dismiss you otherwise that would amount to an unfair dismissal. Instead, they must follow a fair procedure, which would involve investigating the allegations, holding a formal disciplinary hearing if there is a case to answer and also giving you the chance to appeal. Finally, you will get the opportunity to take this to an employment tribunal if you believe that the procedure followed was not fair.

Please press Accept. I can expand my answer and provide more detailed advice and guidance as necessary and also answer any specific questions you may have. Thank you
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38368
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and 3 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Two years ago when I filed a grievance of intimidation and humiliation to me by the manager , disciplinary procedures have not been inplemented but the problem was resolved informally at an informal meeting.Manager apologised me and it was end of case.Now in my case no one tried to resolve problem informally, just they suspended me immedialy and they initiated disciplinary action.IS this basis to complain about treating me worse than manager? A similar case but different people and different procedure?Maybe this is a form of discrimination?Mario
Expert:  Ben Jones replied 3 years ago.

This would only be discrimination if it is because of your race, age, gender, religion, etc. But otherwise such inconsistencies could amount to victimisation and generally less favourable treatment. It is difficult to make a direct claim for this but if you get dismissed for example then you can use this as evidence that you were not treated fairly.

Customer: replied 3 years ago.
Hello Ben.I have next question about my troubles at work.Im still suspended due to complains.I am sick ( I have confirmation from a doctor).Does the employer proceed disciplinary procedure without me?Can I be fired at this time? Maybe the employer must wait until I come back to work.Thank You - Mario
Expert:  Ben Jones replied 3 years ago.

If you are off sick your employer should not proceed with the disciplinary in your absence. If they have a date for the hearing you need to let them know as soon as possible that you are off sick and request that they set a new date once you are going to be back in work. They can only be expected to postpone a couple of times before holding the hearing without you.

Customer: replied 3 years ago.
Hello Ben.This is very easy question.Can I talking about sex in work? Can I use words like- penis,vagina,make love etc. in normal conversation or there are some special rools in U.K Mario
Expert:  Ben Jones replied 3 years ago.

There is nothing illegal about talking about sex in work but there are potential issues depending on the context of the conversations. For example certain use of sexual words could amount to sexual harassment depending on how they are used. They could also be considered offensive by some employees. So the answer is that it is not illegal but there are potential issues depending on the context they are used in.

Customer: replied 3 years ago.
Ok Ben.Another quastion.Someone signs procedure in work ( for egz.you can not eat on the factory floor) and then consiously is not following.How we can describe this fact - false statement , misstatement , some other legak term?I now, for You not very important quastion , but for me "life or daed".Mario
Expert:  Ben Jones replied 3 years ago.
Hi Mario, if you need to ask questions that do not relate to your original query then please post a new question for my attention and I will gladly answer it, thanks
Customer: replied 3 years ago.
Ben , my last quastion is related very close to my original query.This person is witness in my case in work.I want prove that she is unbelievable because she is not following signet procedures.Mario
Expert:  Ben Jones replied 3 years ago.

This will not be very relevant I’m afraid. It’s like saying that because someone kills a fly they also have the capability of killing a person. Not everyone is perfect and because someone is not following a workplace policy it does not automatically make them untrustworthy in general.

Customer: replied 3 years ago.
Ben , this is very important quastion because in my work they following dissciplinary procedure against me.( subject- allegations of harassment).I have letter from them about meeting where I can ask witnesses but ....This is part of letter from manufactory-: You may quastion the witnesses,however proir to the meeting we would first need to know the names of those you wished to question together with the questions you wish to pose in order to estaglish their relevance.Can they asking me about this?A can send them names but quastions?When we had investigation meeting they didnt send me quastions before meeting.Please send me answer fast.Mario

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