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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44932
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my boss has been sending me tongue in cheek messages such as

Customer Question

my boss has been sending me tongue in cheek messages such as

please dress appropriatley for the meeting tomorrow underwear optional

since I started working in the all male environment last october I have tried to remain distant but at the same time engaged enough in said banter to retain my job which has been terminated on my bosses discovery that i have started a relationship with someone from another office on the complex

hes now being horrid can I persue him for sexual harrasment as im relieved i dont have to put up with the inuendo anymore but also have responsibilities as a single parent
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know if you have raised a grievance?

Customer :

I wasnt given the chance to raise a greivence as he terminated my employment after 8 month upon discovering that I had started a relationship with a man from another office on the complex his words were

Customer :

this relationship is not working

Customer :

I had no warning no indication that there was a problem with my work until he asked me to leave

Ben Jones :

Apologies for the slight delay, I was offline by the time you had replied. When was your employment terminated and how long did you work there for?

Customer : I started there as the only female employee the end of August 2012 he terminated me 19th April initially it was 1-5pm but I never did those hours it was such a mess he had me making him invoices but I didn't work anywhere else I've never had a contract of any sort as an employee or contractor but he has done two appraisals on me which you wouldn't do for a contractor and he asked me to include a week in leui in my last invoice he's also refusing to pay my holiday but he said I was an employee and employees get paid holiday he then said it was new from 1/4/13 holiday couldn't be rolled forwards and I had to work a month to get allowance I questioned that I should have been able to do what the boys do and used my sick days as holidays and he's denied that's the case but I did the wages so I know it's the case!!
Ben Jones :

As you did not have 2 years' continuous service at the time of your dismissal you cannot make a claim for unfair dismissal and as such cannot actually challenge the dismissal itself. However, you can still take this matter further for the sexual harassment you received as there is no minimum service required for that.

If you were on the receiving end of inappropriate sexual comments or advances then that can amount to sex discrimination and harassment which is something you are protected against under the Equality Act 2010. You can therefore make a claim for that in the employment tribunal, as long as you do so within 3 months of the alleged incident taking place. So if these comments were made more than 3 months ago then you may be out of date to take this any further, however if they were made more recently you would still be in time to claim.

In order to make the claim you need to complete and submit form ET1 available here:

http://www.justice.gov.uk/forms/hmcts/employment

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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