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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73901
Experience:  Qualified Solicitor
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I am typing for a friend of mine who is being sexually

Customer Question

I am typing for a friend of mine who is being sexually harassed at work and intimidated can you help her.
JA: Where are you? It matters because laws vary by location.
Customer: She lives at Woodford, Northamptonshire
JA: What steps have you taken so far?
Customer: She is off sick with stress it is causing
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: If I can give you her e-mail address and mobile number could you contact her
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days 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 17 days ago.

I can only communicate via this site. What do you specifically want to know about this, please?

Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Expert:  Ben Jones replied 17 days ago.

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 17 days ago.
I would like your advice on a situation that I find myself in following an incident at the work place. a new male member of staff has joined us and immeditly from day one he was getting a bit up close and personal his un wanted actions have continued as the week has done on and by the forth day of his first week he was offering to give me a rub down following my covid jab vaccination, on the fith day he was asking me if I had been missing him and then suggested that I could go and wash the cars in the company car park as he was saying this he then walked towards me and stopped directly at my left side he then firmly placed his hand on my shoulder patted me as if I was a dog and in my ear said that that he was only joking and that there was only one car I needed to wash. because of the intensity of his actions all week he has left me feeling quite un nerved by him and come the incident on Friday I just froze by the time my working day finished I was in bits and totally broke down in my car I then had the most horribelist experiance in my local tesco's on the saturday afternoon given that I had a panic attack something to which I have never had before and which I have since been told by my GP was indoubtedly caused by what I had injured that week. On the monday i presented a written statement of events to my immediate manager who then passed them onto the MD a series of meeting then followed, on the meeting that took place between the MD, my line manager and the said person who had inflicked this all on me he said that he aws not aware of his actions nor the distress that he was causing his acknowledged having done everything i've noted in my statement of events and has said he wants to aplogise to me in person and now my MD is pussing me to accept this aplogie so as he said we can close this matter and get back to work .....i view what this guy has done to be sexual harassment in the work place and I fully believe he knew excatly what he was doing I don't wish nor want to accept his aployogie as I strongly believe he will continue with his behaviour where do I stand as im currently off work as im very distressed by what has happened to me espically as my MD said that i should accept this behaver as it comes with working in a prodominatly all male work group
Expert:  Ben Jones replied 17 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

Sexual harassment at work is something that is covered under the Equality Act 2010. It specifically prohibits unwanted behaviour of a sexual nature which violates your dignity, makes you feel intimidated, degraded or humiliated or creates a hostile or offensive environment.

If you are the victim of sexual harassment, you should immediately report it to your employer and they will have a duty to investigate and take further measures to deal with it. If they do not deal with it in an appropriate manner, or ignore you, then you can hold them liable for not discharging their legal obligations towards you.

That could allow you to resign and make a claim for constructive dismissal and sex discrimination in the Employment Tribunal.

Before a claim can be made against the employer in the Employment Tribunal, the affected employee would be required to participate in a process known as ‘early conciliation’, which is administered through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the employee and their employer to agree on an out-of-court settlement in order to avoid the need for legal action in the Employment Tribunal. The employer does not have to engage in these discussions and the process is voluntary for them. If they refuse to participate, or the conciliation is unsuccessful, the employee will be issued with a certificate by ACAS allowing them to make a claim.

However, if a settlement is reached, the employee would officially agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be included as part of the settlement, such as an agreed reference.

In order to initiate the early conciliation procedure, ACAS must be contacted, either online by filling in the following form (https://tell.acas.org.uk/find-a-solution-to-your-employment-dispute), or by phone on 0300(###) ###-#### They will explain the process and what happens next and get the ball rolling on your behalf.

If the early conciliation process was not successful, ACAS have issued a certificate to confirm that and you still wanted to make a formal claim in the Employment Tribunal, the claim can be initiated via the following link:

https://www.employmenttribunals.service.gov.uk/apply

Expert:  Ben Jones replied 17 days 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.

Customer: replied 13 days ago.
Thank you for your response the incidents that I referred to you happened wh starting 10th May on the wkk starting 17th May i presented my line manager and company MD with a printed statement of events reagrding this male collegue and myself several meeting then took place between respective parties....with my attending a final meting with the MD on the thursday of that week this being 20th in thsi meeting the MD informed me that the male collegue responsible for all of this said that he was unaware of his actions and the subsequant distress that they had/are causing me he didi not denie what he had done but said he wished to be given the oppertunity to ap[logise to me in person. The MD then went on to say that he will not have me detacting what the men in my work area can and cant say and that I am to accept this sort of manly banter he then proceeded to say that the problem was me that I was demanding and difficult to get onn with and that if I was pushing for him the MD to dismiss this male college ( hed only been employed by us at that stage for nine days) then he wasnt going to do it ...he concluded by saying that he wanted to bring the male college into the meeting so that he could make his aplogie and then he expected the matter to be closed and for me to return to my place of work.....whilst i wasnt expecting this indivdual to be dismissed i was surpised he wasnt going to be given a warning...as i was not in a good p0lace emotionally i declined to accept the aplogie as I said I wasnt ready to be in a room with this guy the MD looked most annoyed about this and i felt under presure to come up with an alternative date hence i suggested the following day however i was in a terrible place for the rest of the day ,that night and woke very very early the following morning in a total state of nervous and tears hence I typed the MD a brief note saying that I was not in a good place and just could not go through with the meeting. The MD then sent his wife through to my place of work to inform me that he acknowledged my note and that he was prepared to grant my request on this occassion but that a meeting on Monday 24th would take place for the aplogie to be made and that that was none negosiable. that friday at work being 21st I was in floods of tears and an absolute wreck through out this ordeal I have recievced no emotional support from anyone within my work place infact I havejust been left alone to deal with things. On the saturday 22nd May I woke not feeling at all good I struggled to just do the basics later that day I had to go and get some food shopping and really had to force myself to make the journey one in the supermarket I began to feel very panickie, my heart felt as if it was about to come out of my chest i was shaking voliently and sweating heavily and the i just broke down into tears ....it was one of the most scaryiest things ive ever experianced having got myself home I then didnt want to go outside the house. monday 24th i contacted my GP and was wrote off work for two weeks with a sick note I m due to speak with my GP tomorrow to see how im progressing and he has arranged for Mind to call me directly as a form of cancelling support this friday 4th a friend has called me to tell me that my job is being advertised but titled as an additional person is required to asssit with the work load ...im now truly concerned that I am going to be losing my job through having to have taken this time out .....I cant continue to stay off work much longer due to finances but I would like to know where I stand should I go back as i dont believe this guy didn't know of his actions and im concerned that given that the MD has choose to look the other way on what has happened to me that should this guy start again I will have to leave my job ...through out all of this I have had no moral,emotional support from the work place what so ever and no one has made contact to check my walfare yet they all know that I live on my own ....your advice will be so much appricated ...thank you
Expert:  Ben Jones replied 13 days ago.

Hi there, can you please clarify what further queries you have about all of this?

Customer: replied 12 days ago.
Hopefully these questions will be easier for you to understand what I m wishing to get clarity on,
Im presantly wrote off from work through my GP under stress which has been brought on through the sexual harrasement incidents in my work place by a newly appointed male member of staff
I ve had three meetings in the presance og the MD, my immediate manager and a fellow female member of staff on the third and final meeting the MD informed me that following the meeting that he held with the aledged acussor he did not denie his actions, but said he was unaware of what he was doing and subsequantly the distress that it was causing me and that he wishes to make and aplogizse to me in person for his behaviour
The MD is happy with his explanation and has said that as I prodominatly work in a male enviroment that i
should accept such behaviour /comments and he is pushing for to attend a meeting in which i am expected to accept this male collegues aplogie and then end the matter.The MD has not offered to put any measures in place to assist with keeping me safe within the work place going forward ( feel this is necessary given that this guy placed his hand on me) nor has he imposed a verbual or written warning to this male collegueGiven the truma that I have suffered i am now having to have this time off work and find myself reduced to ssp pay given that my employer offers no sick payWhilst I have been issued with another sick note for another two weeks financail pressures mean that I will have to return to the work place at the end of my what will be my third week off sickwhat are my rights going back can i formally say to my employer what measures I would want them to put in place to help me feel safer further more the male collegue who has inflicted all this on me is going to be my new future manager ...I dont believe he didnt know what he was doing regards ***** ***** I dont wish to accept his aplogie but can i register what has happened to me with ACAS so that should he repeat his actions again in the future I can make a claim against my employer
Expert:  Ben Jones replied 12 days ago.

Thank you very much for clarifying. If you believe there are changes which the employer can make to make you safer in the workplace, you can and should of course raise these with them and remind them of their duty of care towards you. Same applies to the proposals to make that person your manager and that doing so with the knowledge of what happened can be a breach of duty of care on their part.

In terms of claiming, you do not ‘register’ the current issues with ACAS in case you need to go back in the future – you only go to ACAS if you actually need to claim so if you are doing so now then you approach them and if you are not, a future claim will not be affected if you do not mention these issues to them now