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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48761
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I was fired from my company for " harassment" But I

Resolved Question:

I was fired from my company for "sexual harassment"
But I do not commit that crime, at all
The only I did was this:
I said some very smooth compliments like «You have a good taylor» «Nice to see you» «you are a beautifull girl»
(I come from Italy where compliments like these are very very light. But I do not know if they are accebtable in UK so any time i made a compliment I also said that I do not want be offensive and the girl said that I was not offensive.)
One time I made a mistake because I made a compliment on the legs of the girl: «your legs are like the legs of a Miss»
The girl complain with me saying that I was not professional. I said that was not my intention to be offensive and IMMEDIATLY I APOLOGIZE many times .
The last approach was when I invited the girl to eat spagetti.
She does not accept saying that the gap in the age is too much for she.
(I am 55 she is 22)
At that time I understand that it is not the case to going further so When I had the opportunity to meet the girl I said
«I understand your point, I do not want to be offensive. so in respect of you I decided to take a step back"
that it is all and all this happen in many month and the last two events out of the company (at Tesco) during lunch time
Do you think this is "sexual harassment"
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long did you work there for and when were you dismissed?
Customer: replied 2 years ago.

one year

I was dismessed yesterday after a summary trial (summary in the meaning of gross)

Customer: replied 2 years ago.

I do not recive any document which explain why I was dismissed

I just was dismessed after a disciplinary meeting for "sexual harassment"

Expert:  Ben Jones replied 2 years ago.
The starting point is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So the employer would not have been required to prove that what you did was wrong or that it amounted to sexual harassment as they can dismiss you anyway, even if you did nothing wrong. As you do not meet the minimum criteria to challenge the dismissal you would not be able to overturn that. In terms of what amounts to sexual harassment, that occurs where a person engages in unwanted conduct related to sex; and the conduct has the purpose or effect of either violating another person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Even if the initial purpose of the actions was not intentional or intended to harass, it could still amount to that as the victim’s perception is also taken into account. If you make comments about someone’s appearance or physical attributes then even if you were being complimentary, that person may take it as being offensive or degrading or focusing on their sexual attributes and they would treat it as harassment., But as mentioned that is not really an issue because it does not matter whether you were actually in the wrong or not – the employer could have dismissed you in any event because you do not have the necessary protection against unfair dismissal. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I do not care about the company i do not want go back to the office

I am thinkin about my reputation

What can I do?

It is strange

It is necessary to use a lot of attention when I talk with a girl to avoid harass

but a company can make a so big alligation without problem!

Expert:  Ben Jones replied 2 years ago.
How has your reputation been affected, for example are they providing a reference?
Customer: replied 2 years ago.

How?

Fired after a disciplinary meeting for for sexual harasment I believe it is enogh!

they said will provide a reference!

Expert:  Ben Jones replied 2 years ago.
I see but as mentioned your actions could amount to sexual harassment if the victim perceived them that way - you did comment on her appearance and physical attributes and that is sexually-related so if it was unwanted comments that made her feel uncomfortable then it could amount to sexual harassment. It is how the law works I'mm afraid - I have no doubt that you did not intend making the comments in a malicious manner. In terms of your reputation it would only really be affected if they were to provide a reference which stated that you were dismissed for making such comments. However, if they just provide a basic reference which does not state you were dismissed and why then your reputation would not be affected because there would be no link for future employers to see what happened.
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

OK

I am not so happy about what you say but I am fully satisfied from your service.

(that will be my rate)

Thanks

Have a nice day

Vincenzo