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A mature, male colleague of mine has been suspended on full…

Hello. A mature, male...

Hello. A mature, male colleague of mine has been suspended on full pay pending completion of a full investigation into claims of inappropriate behaviour toward several female members of staff. He has admitted to poor judgement and to the validity of the accusation. I will be attending his disciplinary hearing with him, for moral support, which will take place at the workplace tomorrow morning. He has a previous record of 17 years exemplary service with the company. He is a line manager in our organization and have recently attended a training course centre d on inappropriate behaviour in the workplace.

Lawyer's Assistant: Was the suspension discussed with a manager or HR? Or with a lawyer?

He is very concerned he may be dismissed at tomorrow's meeting.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

Can you advise the best course of action for him to follow?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, suspension was discussed with his manager before being enforced. He is salaried. He is not a union member

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Answered in 5 minutes by:
3/20/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,206
Experience: Qualified Employment Solicitor
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Please can you provide some more information on the nature of the claims made against him?

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Customer reply replied 1 month ago
It appears that several women have come forward to say he has made suggestions of a sexual nature to them in the workplace. no physical contact has taken place whatsoever. He has also admitted to sending a text message to one of the women, albeit a few years ago, which suggested their having sex together. There was no follow up from this. But it has now been introduced as further evidence of his lack of judgement and inappropriate comments/behaviour

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. He appears to be accused of sexual harassment, which admittedly can be a serious matter and potentially a gross misconduct offence. There is no guarantee that he will be dismissed or that he would keep his job as inevitably this decision rests with the employer and will depend on what evidence there is, how he explains his actions, the seriousness of what he did and so on.

There is no guaranteed way he would avoid dismissal but there are things he can consider to try and minimise the chances of that happening. The best way would usually be to accept the allegations (if they are clearly true), apologise for what he has done and express remorse for his actions. He should point out that they should just be treated as a bit of 'banter' with no real sexual motive behind them and that clearly he has misinterpreted how they would be perceived by those he had directed them at. He should further remind the employer of his very long service and clear disciplinary record so far, plus the fact he has recently attended the course and is clearly aware that he needs some assistance with dealing with this.

Overall, whilst I am not saying he should be begging for his job, it is important to try and not deny what he has done and pin the blame on the recipients of his actions, but to take responsibility and express remorse, asking to be given a second chance and to prove himself, especially to apply the benefits of this course he has just attended.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Ben Jones
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