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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74417
Experience:  Qualified Solicitor
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I am asking for my friend who is in trouble at work over

Customer Question

Hi,i am asking for my friend who is in trouble at work over sexual harassment
JA: Where are you? It matters because laws vary by location.
Customer: In England
JA: What steps have you taken so far?
Customer: They both been suspended and had their meetings with shift manager who decided on no further action however the lady causing trouble for my friend as she seem to be attention seeker
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It's just i don't know who to believe. So basically on a starting of shift 2 male friends (Luke & Andy) talk to each other that he will give him truck. Luke went to park it and while Andy was getting AMT and walking to the truck Sandra spotted him parking the truck. Sandra and Andy got them in same time and started to argue over it. Andy said that he only touch her shoulder as she did as well. Sandra's told him [email protected] off and Andy said he is going to report it. Then Sandra replied to him that she will report him for sexual harassment touching her chest. No cctv is available. However her history says she is bit of attention seeker and Andys history says he is nice guy, friendy with people, never causing any problems, always performing.Now Sandra is polish i spoke to her twice since I'm here.Andy was pushed into my team a week ago.Sandra was suspended for 3 months.Andy came back after 1 month.Now Andy says he feels under pressure of her friends as she is quite vocal about her situation.Disciplinary outcome was No further action.Andy put appeal and grievance.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 6 months ago.

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

Customer: replied 6 months ago.
I want to know if the lady can be dismissed over breach of confidentiality of meetings and discussing her situation with her friends at work. And those her friends are abusing my friend who is getting panic attacks and getting too stressed to work at same place as she is.
Expert:  Ben Jones replied 6 months ago.

Thank you. Whether she is dismissed or not is entirely up to the employer. Whilst your friend can raise his concerns about the other person and complain to the employer about it but what happens next is up to the employer. They can investigate further and decide there is no further action to be taken, or they can decide that there is enough to justify disciplining her and even dismissing her. What your friend cannot do is tell the employer which way to take this, even if she is in the wrong.

If he has done all he can to raise the issues with the employer and they have not taken appropriate action, then it is a case of appealing first, before considering his next options. Unfortunately, the only other thing he can do after is to resign and consider a constructive dismissal claim against the employer, but he needs 2 years service to do that plus he will be giving up his job in the process. So it is really only an option if he cannot realistically continue there as a result of what has happened.

Expert:  Ben Jones replied 6 months ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.