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I have recently resigned due to sexual harrassment in the work…

Customer Question
I have recently resigned due...
I have recently resigned due to sexual harrassment in the work place.
I have various occassions where I was sexually harrassed by my boss - including comments like :-

"can we go dogging"
"let me see your tits"
"if I give you this business I want to suck on your nipples"

I was also texted and phone day in and out at unreasonable times.

I have no proof of this has he has disconnected my phone/emails and i have been cut off the server to get this proof.

Can you advise if there is a case here without proof or do I need to provide the proof where I have no access to it?
Submitted: 6 years ago.Category: UK Employment Law
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Answered in 4 minutes by:
4/9/2012
Solicitor: Alice H, Solicitor/Partner replied 6 years ago
Alice H
Alice H, Solicitor/Partner
Category: UK Employment Law
Satisfied Customers: 2,850
Experience: Partner in national law firm with 25 years legal experience
Verified
Thanks for your question. I will try and help you with this.

Did you tell anyone about these comments around the time they were said?
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Customer reply replied 6 years ago

Hi Alex

 

No I didnt.

 

I am a very shy person & he was managing me very closely and he managed me on a reward and punishment basis. He used to manage all business coming into the organisation and distributed to his team. If I let him get away with the comments, he would delegate good leads and sales projects to me. When I started to stand up to him, he delegated my business to other members of team.

 

My colleagues did see him make me cry at events and shows & there was proof in messages and emails but I have been disconnected from the network. My boyfriend and mother heard the way he spoke to me on many occassions too but I dont know if they would be regarded as evidence/proof as they are closely related.

 

I resigned as I was in panic mode - and I wish I hadnt now.

 

I was put on a month garden leave, and they have offered to pay me out all my salary and commissions.

 

All other resigning staff are allowed to finish off their sales pipelines but I was immediately rejected from the business, all communications were severed, my Blackberry was cut off, all messages and emails were wiped and I was not allowed any further contact.

 

 

Solicitor: Alice H, Solicitor/Partner replied 6 years ago
On the basis of the facts you have outlined, you would certainly have a claim for direct sexual harassment against your ex-employer. If you haven't already done so you should raise a grievance in writing. Any claim to the Employment Tribunal must be made within 3 months.

Going back to the point you raised - your evidence alone is enough to bring an action. It would have been helpful to have the texts and emails but their destruction will not stop you raising a grievance or bringing a claim. You may be able to use your family to give evidence of the conversation you had with them although strictly speaking that evidence be may considered hearsay and might not be admitted as evidence.
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Customer reply replied 6 years ago

I am waiting on a last salary and commission paycheck.

 

if i submit this - will there be a chance I would lose that? or they can hold it?

 

 

Can you recommend any good lawyers - is it worth going through a "high street" lawyer or a no win no fee solicitor for this type of query?

 

What would the outcome be for this type of case?

 

what would the next step be?

Solicitor: Alice H, Solicitor/Partner replied 6 years ago
An employer cannot withhold pay because an employee has raised a grievance. This would put them in even more difficulty under employment law.

I suggest you try www.levenesemployment.co.uk or the Law Society on 0207(NNN) NNN-NNNN

'No win, no fee' is operated by most law firms for this type of case. The service will be just the same as if you were paying privately.

Your next step is to speak to a lawyer as soon as possible and lodge a grievance and/or letter of claim.


Alice H
Alice H, Solicitor/Partner
Category: UK Employment Law
Satisfied Customers: 2,850
Experience: Partner in national law firm with 25 years legal experience
Verified
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