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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70292
Experience:  Over 5 years in practice
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My husband has ended an affair with one of s employees in

Customer Question

My husband has ended an affair with one of his employees in the family business. She has stated today that if I visit the offices of the business she will sue me for harassment. For clarity my husband and father in law are both partners in the business and I work elsewhere.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
Has she possibly got any legal grounds to threaten me with this? What are my rights on this situation as my husband is trying to dismiss her from the business.
Expert:  Jo C. replied 1 year ago.

Do you have any reason to be there?

Customer: replied 1 year ago.
to see my husband
Expert:  Jo C. replied 1 year ago.

Why do you need to do that when he is at work?

Customer: replied 1 year ago.
Sometimes I meet him for lunch as it is just around the corner from where I work
Customer: replied 1 year ago.
I've always done it
Expert:  Jo C. replied 1 year ago.

To be wholly honest, I think you would be vulnerable to a suit.

It comes down to whether a court accepts you are there to see him rather than to annoy or harass her.

You can always meet him for lunch at the location to which you go for lunch or he could come to you if you are that close. It would be difficult to justify the need to meet him where she is in the circumstances.

Expert:  Jo C. replied 1 year ago.

From a legal point of view, if your account is accepted then you are not harassing her but from an evidential point of view your account may not be accepted.

Expert:  Jo C. replied 1 year ago.

Whether she will actually do it or not is another matter.

I suppose she could seek an injunction to stop you attending. Since you don't really need to be there then that is a risk.

She won't get excessive compensation though.

Customer: replied 1 year ago.
My husband cannot work with this situation and he is looking to dismiss her but she is now refusng to leave today and that's when she has threatened to sue me. She has now refused to leave which initially she had accepted with the offer of a month of garden leave to find another job.
Expert:  Jo C. replied 1 year ago.

Well, he doesn't have a basis to dismiss her lawfully because their relationship has soured.

That would amount to unlawful dismissal.

Customer: replied 1 year ago.
Ge understands sge will need to be compensated out of the business. But we need to know specifically which area of law we need to consult to get the best outcome quickly
Expert:  Jo C. replied 1 year ago.

I don't do employment I'm afraid. Your original question was about whether or not she could sue you for harassment which is my area.

On the face of it, I think it would be very risky to dismiss her as it seems to me to amount to sex discrimination but that isn't really my area.

Customer: replied 1 year ago.
Thank you appreciate your response to my personal risk in this.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.