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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Today i have been suspended from work as someone wrote a statement

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Today i have been suspended from work as someone wrote a statement against me for sexual harassment and intimidation of a work collegue. He said i said to him "wheres Sophie" and started laughing. ( he is a girl but changed his identity to a boy) these are false allegations against me what can i do
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
How can I help with this please?
Customer: replied 11 months ago.
Ihis made a complaint against me so i have been suspended its just a very harsh thing to say about someone who hasnt said anything i would like you to help me out. And tell me what are the steps i can take
Expert:  Ben Jones replied 11 months ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long have you worked there for and can you please clarify exactly what the sexual harassment and intimidation are, I do not see it from just the statement you mentioned?
Customer: replied 11 months ago.
Hi it will be 2 years next month i just ont understand all ive been told that i am been suspended for sexual harassment and intimidation. This person who wrote the statement was a girl when he started but recently changed his name to shayne he is saying that i said to him "wheres Sophie" as that was his name before whereas i didnt say anything like that i was shocked when me manager suspended me for something that hasnt happened
Expert:  Ben Jones replied 11 months ago.
Thank you. The first thing to understand is that being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a precautionary measure whilst an employer investigates any allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc. During the period of suspension the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing. On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal. As far as the allegations are concerned, it is a bit over the top to claim that you had committed an act of sexual harassment and intimidation. If you had done this purposefully and there was malice in your action then possibly they could try and argue that this was a type of intimidation or bullying but that is what the investigation is for – to try and determine exactly what happened. So for now just cooperate with the employer’s investigation and maintain your innocence. What happens next depends on what the investigation fids and what the employer believes happened. This is your basic legal position. I have more detailed advice for you in terms of what could happen next if they decide you did say what you are alleged to have, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 11 months ago.
Even if i did say to him " wheres Sophie" how is that sexual harassment?
Expert:  Ben Jones replied 11 months ago.
Well if you look at the official definition of sex harassment, it may qualify: Sex harassment occurs where:· A person engages in unwanted conduct related to sex; and· The conduct has the purpose or effect of either violating the her person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. So your conduct was to call someone a name of the opposite gender, which is related to sex/gender and if it the purpose was one of the above then it could be sexual harassment. But I do not believe that this is what happened here or that these were the intentions.
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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