harassment ignored at work

[antneb]

i was talking to a female friend of mine who i used to work with today. she has unfortunately quit her job and i was wondering if you guys thought of the position she was put in. its a long story i apologise in advance.

 

the place where we worked together (that i wont name but is a major high street shop) has a male supervisor who often crosses the line in the way he acts towards the girls, i have seen this first hand so know that its true. im a male myself so havent been on the recieving end. there was two girls inparticular that caught his eye and he pestered to the point of harassement, one of those being my friend. i was out with her one night about a year ago and in the space of around four hours she must of received around 20 texts none of which she replied to but they just kept coming. they contained nothing sexual just stuff like i thought we were friends so why are you ignoring me? etc.

 

one of the girls put a complaint in against him and he was transfered to another store but no action was taken against him. after a few months he was brought back in and the girls after raising their concerns over this were just told tough find a way to work with him.

 

the harassment of my friend started again then and when she rebuffed him she was then singled out having her work standards pulled aparta nd given all the rubbish jobs. eventually she put a formal complaint in and it was turned away. she felt she had no choice but to resign.

 

so my question is this. if an employee makes a complaint of sexual harrassment against a member of senior staff who has previous simialr complaints from different people should it be taken a little more seriously than just dismissing and ignoring it? she stil has all the texts he sent and they just werent interested. is it worth taking it any further? would a letter to the hr manager be of any point?

Edited July 21, 2011 by antneb

[Marieleeza]

i was talking to a female friend of mine who i used to work with today. she has unfortunately quit her job and i was wondering if you guys thought of the position she was put in. its a long story i apologise in advance. the place where we worked together (that i wont name but is a major high street shop) has a male supervisor who often crosses the line in the way he acts towards the girls, i have seen this first hand so know that its true. im a male myself so havent been on the recieving end. there was two girls inparticular that caught his eye and he pestered to the point of harassement, one of those being my friend. i was out with her one night about a year ago and in the space of around four hours she must of received around 20 texts none of which she replied to but they just kept coming. they contained nothing sexual just stuff like i thought we were friends so why are you ignoring me? etc. anyway one of the girls put a complaint in against him and he was transfered to another store but no action was taken against him. after a few months he was brought back in and the girls after raising their concerns over this were just told tough find a way to work with him. the harassment of mine friend started again then and when she rebuffed him she was then singled out having her work standards pulled aparta nd given all the rubbish jobs. eventually she put a formal complaint in and it was turned away. she felt she had no choice but to resign.so my question is this. if an employee makes a complaint of sexual harrassment against a member of senior staff who has previous simialr complaints from different people should it be taken a little more seriously than just dismissing and ignoring it? she stil has all the texts he sent and they just werent interested. is it worth taking it any further? would a letter to the hr manager be of any point?

 

To take legal action there is a time limit of 3 months, usually. I think that it would date from the last time he harassed her or from the date that she got the decision about her complaint. How long ago did this happen?

[postggj]

Has this happened in the last three months (HER QUITTING) and how long has she been working for the company

[antneb]

its very recent her last day was last week sometime, she was a employee for around 2-3 years or so. she was a part time employee as shes a student. she felt that this contributed to the reason action wasnt taken 'better to lose a 12 hr part timer than a full time member of management'

[postggj]

Now then

 

i would send a grievance to the employers hr department listing what has happened by special delivery

 

did she hand in her notice or just walked out

[RachelMD]

Could you just separate your OP into paragraphs please. It's very difficult to read.

You'll probably get far more replies if it's set out clearly.

[antneb]

she handed in her notice, stating that she could no longer work there as she was uncomfortable and her greivance was not investigated.

[RachelMD]

sweet.

[postggj]

I would send the grievance to hr as stated

 

as she has left then i would threaten them with an et1 claim under the equalities act 2010 and i will say it

 

constructive dismissal as complaints have been raised in the past and are a matter of record on this persons inapropriate conduct

 

wait for more replies though

 

its just my opinion and cag is a group effort

[antneb]

i was wondering if it could be classed as constructive dismissal.

out of curiousity what is an ET1 claim?

[postggj]

Employment tribunal

 

as she has had more than 12 months continious service then she will be fine

 

an et 1 claim does not cost anything but you need to put in a grievance first and allow the employer an oppertunity to respond but mention you are considering an et1 claim for constructive dismissal

[RachelMD]

I would send the grievance to hr as stated

 

as she has left then i would threaten them with an et1 claim under the equalities act 2010 and i will say it

 

constructive dismissal as complaints have been raised in the past and are a matter of record on this persons inapropriate conduct

 

wait for more replies though

 

its just my opinion and cag is a group effort

I second that, Post.

[honeybee13]

Just a thought guys, to qualify for CD someone has to leave very soon after the last act of provocation' I think. Is this what we have here, would you say? I'm not saying we don't, just acting as an aide memoire.

 

My best, HB

[padja]

I would go to local CAB/Law Centre it does seem to be a case of constructive dismissal. Did this harrassment cause her stress or illness? Did it affect her work? If so she can report it to Health & Safety exec. (G/F had same problem her Union reported for her) they will take it very seriously. The law of harrassment is what the person on recieving end feels is harrassment not what the employer defines it. I would also speak to local ACAS they are very helpful and will be able to advise further still. Remember a constructive dismissal hearing is a long drawn out process and many companies have specialist firms to make sure they can wiggle out of them on tecnicalities. Also can your friend get the texts on to a PC (via bluetooth or a sync) just in case in 2 years time she needs them.

[Marieleeza]

I would go to local CAB/Law Centre it does seem to be a case of constructive dismissal. Did this harrassment cause her stress or illness? Did it affect her work? If so she can report it to Health & Safety exec. (G/F had same problem her Union reported for her) they will take it very seriously. The law of harrassment is what the person on recieving end feels is harrassment not what the employer defines it. I would also speak to local ACAS they are very helpful and will be able to advise further still. Remember a constructive dismissal hearing is a long drawn out process and many companies have specialist firms to make sure they can wiggle out of them on tecnicalities. Also can your friend get the texts on to a PC (via bluetooth or a sync) just in case in 2 years time she needs them.

I have had good advice from http://www.communitylegaladvice.org.uk - their phone number is 0845 345 4345.

 

It is means tested but a student should qualify. They will take all the details of the case, give advice and follow it up with a written summary, having given it more thought.

 

I got to speak to an employment lawyer and I was impressed.

 

Advice was limited to 2 hours because I am in a trade union but that would probably not be true for this part-time worker.

 

This organisation can advise and act for workers but do not offer representation at an Employment Tribunal.

[antneb]

thanks for all the advice people, i really appreciate it. looks like me and my friend are going to be busy for the next few days.

the health ans safety exec is a really good call, id of never even thought of them.

 

hopefully we can get something done as it looks like the employers are more than happy to tolerate behaviour like this. when you think that this is a predominantly female workforce youd of thought that theyd take accusations such as this a little more seriously.

[honeybee13]

Hello again. Fwiw, you might also care to speak to the EHRC, equality people, in case there is a discrimination aspect here.

 

My best, HB