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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 63207
Experience:  Qualified Solicitor
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I was sexually assaulted by a customer at work 6 months ago

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I was sexually assaulted by a customer at work 6 months ago and I’ve asked my employer to ban this person. They tried to compromise by asking for a formal letter of complaint to present to him and then tell him if he does it again he’s banned. This doesn’t work for my mental health.
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I’ve been communicating with my mangers about this since it happened. There is no HR and I’m thinking about getting a lawyer
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m an employee
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What do you specifically want to know about this, please?

Customer: replied 5 months ago.
Apart from quoting my job what can I do to ensure this man does not come into my work place
Customer: replied 5 months ago.

How long have you worked there for?

Customer: replied 5 months ago.
8 years and I’ve held various position
Customer: replied 5 months ago.
He’s been a regular for nearly 30 years
Customer: replied 5 months ago.
They offered to just let me go home if he comes in and still pay me for the day. Which doesn’t work

Thank you. Employers have certain duties, both under common law and statute, in relation to the health and safety of their employees. These duties can be summarised as follows:

{C}· Under the Health and Safety at Work etc Act 1974 an employer has a general duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees.”

{C}· Ensure that places of work under the employer's control are, so far as is reasonably practicable, safe for work and without risks to safety/health

{C}· Provide and maintain a safe working environment

The Health and Safety Executive is the central enforcing body for health and safety law, so any breaches of health and safety can be reported to it if necessary.

However, health and safety failings can also amount to a breach by the employer of the implied term of trust and confidence. This is an implied term which exists in every employment relationship and its breach can allow the employee to consider resigning and claiming constructive dismissal, subject to having at least 2 years’ service.

So you do have rights and can remind the employer of these, plus you can raise a formal grievance if needed, but if they fail to do anything about it, then in the end it may have to result in you resigning and making a claim for cs in the Employment Tribunal .

Does this answer your query?

Customer: replied 5 months ago.
Customer: replied 5 months ago.
I was hoping to avoid this
Customer: replied 5 months ago.

All the best

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