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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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hi I have just been acused of sexual harassment but the eledged

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hi I have just been acused of sexual harassment but the eledged affair happen outside the works time, but she reported me to the works were I am aiways professional and never mix business with pleasure. so because this eledged incident happened at weekend should not be delt at work
Hello, I am Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day today.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.
What would you like to know about this? Do you admit that the incident took place? Do you have any kind of relationship outside work?
Customer: replied 4 years ago.

hi for 7 years we have been friends for the first year we were more than friends. she taut me how to txt and we have been txting each other nights and weekends for 7 years and we both loved to wide each other up but this time she,s reported me to were we both work. non of this took place at work

This has obviously been precipitated by something.
Do you admit that the incident took place?
Do you admit that it could be construed as sexual harassment?
Do you have any relationship now outside work?
Why has she reported this?
It appears that there is more to this but I do need the full background please. Thank you
Customer: replied 4 years ago.

it could be because I,ve found a new lady.
the wind up,s took place nearly every week but I don,t know which she objected to, I thought I knew her we both said cutting things to each other usually we laught them off it,s been like a game, I thought we were friends. she obviously she didn,t like something I said

You cannot be disciplined for matters which occur outside the workplace environment which are not work related. So for example, you cannot be disciplined for being drunk in the street offer leaving the children at home on their own unsupervised while you go to the shops unless either action brings the employers business into disrepute which could easily happen if, for example, anyone was wearing a uniform.
This alleged sexual harassment can however still be a disciplinary matter if it occurs within the context of work relationship.
The reason for this is that even the lowest incident happened outside work, the relationship between you and your co-worker and hence the employers situation, is affected.
Hence, if this was sexual harassment outside work, but to a non-employee, it would have nothing to do with the employer in all probability. But the fact that it is an employee and the conduct/atmosphere between you and spills over into the workplace does make it an employers matter.
If do you disagree with that, you are entitled to bring your own grievance and ultimately take the matter to a tribunal. It is not one that I would be taking personally but that decision is yours.
It would assist if you had any emails or texts is that you had exchanged to support your version of events that this type of conduct was normal between you and was reciprocated.
I appreciate that a lot of this is probably not what you wanted to hear but there is no point in me misleading you. I have a duty to advise you truthfully and honestly even if that answer is unfavourable.
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