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NewExpertAS4920
NewExpertAS4920, Solicitor
Category: Employment Law
Satisfied Customers: 366
Experience:  -Experience in Litigation, Property, Family and Employment Law matters
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Negligent Infliction of Emotional Distress and Defamation of

Customer Question

Negligent Infliction of Emotional Distress and Defamation of Character at work
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Not yet
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: meaning?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 17 days ago.
Category: Employment Law
Expert:  NewExpertAS4920 replied 17 days ago.
Hi! I am a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there may be delays in responding due to assisting other customers.
Expert:  NewExpertAS4920 replied 17 days ago.
Please explain what has happened.
How long has the treatment been on going?
Have you raise any greviances in this regard?
Are you an employee?
If so, How long have you been working for the employer?
Customer: replied 17 days ago.
I am working for a month with them. Everything started on the 8th of April.The employer sent me home saying is an investigation going on. On the 10th I receive a call from Police,saying An allegation against me of sexual harassment to a child has been made.Police investigated,I was found innocent,but my wellbeing is messed up now.I am doing therapy at the moment to regain my self respect,my trust.At the moment the employer called me for a disciplinary hearing, under the same allegation, sexual harassment,and they found some other more, which are not true,after an investigative meeting,where they spoke with my colleagues and me. I have two options they say:summarly dismissed or dismissal with notice. I did not raise a grievance. I am new in this,that is why is so hard for me, but I feel they really messed with my sanity and I need to do something,for them to feel this.What are my options,please?
Customer: replied 17 days ago.
The disciplinary hearing should be on Tuesday, 4th of May. I feel is an unfair dismissal,shall I get an attorney to the meeting or obtain a postponement? My workplace was a Nursery.I did not went to work since the 8th of April.I have contract with them.
Expert:  NewExpertAS4920 replied 17 days ago.
Thank you for the information.
As you have been employed for less than two year unfortunately your options are limited. In order to bring a claim for say unfair dismissal you need a minimum of two year service. However, if you feel the treatment you have suffered was related to a protected characteristic for example your race, regilion gender etc then you could actually bring an action for discrimination.If you do not think they treatment was discriminatory then I suggest you appeal against their decision to dismiss although I presume you no longer wish to work for them
Expert:  NewExpertAS4920 replied 17 days ago.
You are only permitted to be accompanied by a work colleague or trade union representative
Customer: replied 17 days ago.
Is about false allegation
Customer: replied 17 days ago.
My dignity was touched
Expert:  NewExpertAS4920 replied 17 days ago.
I understand. But under employment law you do not have many options. I suggest you go ahead with the hearing, see what evidence they have to support the decision. Consider if they make any offers. If the decision is to dismiss, you can also appeal against the decision and try and ensure they clear your name and agree a references they should send to your future employer.
Expert:  NewExpertAS4920 replied 17 days ago.
With regards ***** ***** has the matter been disclosed to any third party?
Customer: replied 17 days ago.
Meaning?
Customer: replied 17 days ago.
They have allegations from colleagues.These are their evidence.
Expert:  NewExpertAS4920 replied 17 days ago.
You should ask for their statements with details was exactly what has been alleged.
Customer: replied 17 days ago.
I have notes from the investigation,but those allegations are false.
Customer: replied 17 days ago.
They are still alleging I sexually harassed the child,even though Police found me innocent,also that I used improper language,false also
Expert:  NewExpertAS4920 replied 17 days ago.
You will need to provide all that as evidence to defend your position.
Expert:  NewExpertAS4920 replied 15 days ago.
I believe that answers your query. Best wishes.