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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49816
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I started my new job in september and i was doing so well at

Customer Question

I started my new job in september and i was doing so well at work, one of the duty managers started talking to me in a sexual way making inappropriate comments. The comments started to get worse to the point where someone reported it as they even felt uncomfortable listening to it. i was to scared to tell someone as i just started the job. a meeting was then held with him and since then he has been rude to me, does not help me do my job, i was still training at this point and i felt uncomfortable asking him anyways. he then spoke to other members of staff about me stating me regrets employing me and that im not good at my job. i started being late to work and not coming in, i felt scared and uncomfortable as i felt like he was trying to get me fired at one point. everytime i came in i had to put a brave face on. 2 other girls came forward and reported him. this then lead to a meeting the our operations manager who is good friends with the manager, i didnt feel comfortable telling him about the situation further. there then was an investigation about the situation which started about a month or 2 ago. Since then i have had 2 disciplinary regarding time keeping and not coming to shifts and calling in sick. this is because they have been putting me on the same shifts as the manager and i have never felt this uncomfortable before. the first disciplinary was with the manager himself so i could not justify myself there as i was scared. my second disciplinary was with an assistant operations manger from a different area, i let everything out in this disciplinary as i had had enough. I do not want to go in at all even if they dont put me on the same shifts as him as i feel uncomfortable knowing he has been speaking about me to other colleagues. I feel sick about the thought of going into work. They called today saying my reasons for not coming in are valid and i can come back to work or i can wait until the investigation is over. however, its a long process and i have bills and things to pay for, i dont want to leave as i dont know how soon ill get another job. what do i do, i really need help.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello what are you ideally hoping to achieve?
Customer: replied 2 years ago.
I do not know at the moment wich is why im seeking advice, they i feel as if they have not been fair, i feel like going back into work people are going to be looking at me and feel uncomfortable but i cant afford not to go into work
Customer: replied 2 years ago.
im only 18, im not to sure what to do and iv never been in this situation before
Customer: replied 2 years ago.
also in the disciplinary they brought out the managers personal file as the aom knew nothing about the situation and her hotel is in our cluster! in his file there were no letters regarding warning or anything stating the the operations manger has had a meeting with him regarding the situation and i know he has had more that 1 meeting about this.
Customer: replied 2 years ago.
the manager embarrassed me in front of a guest with his inappropriate comments and this guest is a regular. They were both biding up how much they would pay to see me naked on the bed that was placed in our reception for charity. i have nevr felt so sick,awkward, uncomfortable and embarrassed in my life.
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 or constructive dismissal. This means that your employer can dismiss you or force you to leave 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.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim. In the circumstances there could be a potential sex discrimination claim if you were treated detrimentally because of your gender, i.e. if you were subjected to sexual harassment. There could also be a case for victimisation if you continued to be treated detrimentally because you had raised a complaint for discrimination. The issue is that a claim for discrimination is not easy to pursue as you would have to go to the employment tribunal to make such a claim. Instead you could try and get the free help of ACAS to negotiate something with the employer on your behalf – it is their job to try and reach a settlement without the need for tribunal involvement. Alternatively you could try and negotiate directly with the employer for some compensation to leave, making it clear that you will have to consider a discrimination claim if that is not possible. There is no easy resolution in the circumstances so the above are your realistic options at dealing with this. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 2 years 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.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.