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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50150
Experience:  Qualified Solicitor
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My son is having a problem with a work colleague. It started

soon after he started working... Show More
soon after he started working there over closing a window. Since then she has made other trivial complaints, but now she is accusing him of sexual harassment! I should mention now that he is a very observant Jew who would not even shake a woman's hand . They are very PC where he works and his other colleagues are very apologetic but there is going to be a tribunal. He has now joined the union. Will they provide a legal representative to back him up and is there any thing else he should do?
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I presume you are concerned about your employment situation not the criminal one?
Customer reply replied 2 years ago.
Sorry I cannot afford to pay for a phone call . Can we cancel that
Customer reply replied 2 years ago.
I am worried about both problems
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. How long has he worked there for and when you say he is going to tribunal is this a formal employment tribunal or just an internal disciplinary process?
Customer reply replied 2 years ago.
He has been there about six months and I believe it will be an internal discipline tribunal. I would appreciate your help on this matter.
Thank you. If he in a union then the option to receive support from them does exist. They can provide a union rep to attend with him any disciplinary meeting and can also provide additional support with preparation. It does depend on the terms of his membership though so he needs to check with them. As to his legal position, whilst it is unfair to have false allegations made against him, his rights will be restricted by his length of service. If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal or constructive. This means that his employer can dismiss him or force him to resign 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 he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). So whilst he has the right to defend the allegations, the employer can discipline him and even dismiss him, regardless of whether he is guilty or not or there was any evidence to prove the allegations. It is his length of service that lets him down. Of course it does not mean it will get to that but he should bear it in mind. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer reply replied 2 years ago.
Dear Ben. Thank you for your help in this matter.
You are welcome, all the best