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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can u help me please ,I have had sex harsment at work ,I

Resolved Question:

Hi can u help me please ,I have had sex harsment at work ,I have been touch I report but nothing been done about ,I been hit n the guy still works at my work place, plus there more things as well n I reported it but nothing happened I need to talk about it
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
How long have you worked there?
Customer: replied 11 months ago.
12 years
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 these incidents been going on for and when was the last time it happened?
Customer: replied 11 months ago.
It started on my first day there n the last one was just before Christmas 4month ago
Expert:  Ben Jones replied 11 months ago.
Thank you. If you are experiencing sexual harassment at work and are also suffering physical abuse then that is a very serious matter which should be brought to the employer’s attention. If you have done so already and they have failed to do anything about it then they are likely to be acting in breach of the law – they will be breaching health and safety regulations and they would be breaching the implied term of trust and confidence, which exists in every employment relationship. If you have not already done so, you must raise a formal grievance with the employer. This is a formal complaint which they have a legal duty to investigate and deal with. The outcome could be disciplining the other person or moving ether of you so you no longer have to deal with each other. These are just some options. If you are unhappy with the outcome of the grievance you are able to appeal that. If, after raising a grievance, the matter is still not resolved then you really have to consider your options. Do you really want to continue working in such an environment? What you can do is resign and make a claim for constructive dismissal against the employer – this is where you feel forced to leave because of a serious breach of contract by them. So that is an option, because if you are getting no help at all from the employer it may not be safe for you to continue working there. You can of course also report any abuse you have received to the police as they can deal with parts of it. This is your basic legal position. I have more detailed advice for you in terms of the law on constructive dismissal and how to apply it in your case, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46156
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 11 months ago.
Thank you. So as mentioned, this could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.

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