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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50161
Experience:  Qualified Solicitor
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Please help Today i was pulled in the managers office and

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Please help
Today i was pulled in the managers office and told that i had been accused of sexal harrasment
What happened is last week i went to see another manager knocked on his door and went in as i opened the door a lady that works with him was standing on the other side i said sorry darling and went over to talk to the other manager a week later and i am now in front of my manager awnering to this allagation.
I am a south london boy and my wife comes from the east end we use this as a greeting all the time i feel that my cultule heratige is put i question
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

I have worked there 5 years and i have used this with every one and also we have a gay man who also refers to her as darling but he has nether been pulled in for it.

Has the employer taken formal action against you, or are they just investigating at present?
Customer: replied 2 years ago.

I have been told that my manager has talked her into not making it formal but now i feel intemidated when i see her

One other person calls here darly all the time and she has not said anything about him

Hello there, sexual harassment occurs where a person engages in unwanted conduct related to sex; and the conduct has the purpose or effect of either violating another person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Even if the initial purpose of the actions was not intentional or intended to harass, it could still amount to that as the victim’s perception is also taken into account.
However, the conduct will only be considered as having the necessary effect on the victim where it is reasonable for the conduct to have that effect. Therefore, provided any offence caused is unintentional there will be no harassment if the victim is being "hypersensitive". This is under section 26(4) of the Equality Act 2010.
I think this person is overreacting somewhat just because they thought the word ‘darling’ was sexual harassment. This is especially true if others make the same comments to her. Unless there was other history between you which together with this phrase may make her uncomfortable around you, I do not think that this is sufficient to justify harassment. The employer could still investigate this and consider if any further action is necessary but you would be able to appeal and you should not be concerned about your job as this is unlikely to be serious enough for a dismissal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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
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