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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75107
Experience:  Qualified Solicitor
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My manager at my previous employment sexually harrased me

Customer Question

My manager at my previous employment sexually harrased me and I reported it and the company dealt with it but not very well.
JA: Have you discussed this harassment issue with a manager or HR? Or with a lawyer?
Customer: Yes went through hr of the company originally, I have been made redundant naturally but they followed no duty of care towards me, no evaluation of my mental health nothing
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee at the time
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The manager was 'advised' to leave before they reached a decision through formal investigation, meaning it was not on his record.
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 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 13 days ago.

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 as soon as I can. Thanks

Customer: replied 13 days ago.
Am I able to build a case against the employer for the way they handled the whole thing. Not followed procedure, no duty of care towards me, no stress assessment upon return of being signed off, no occupational health refferal to see how the incident effected me.
He physically put his hand up my dress up my thigh twice.
Looking back I'm appalled the way a multi million pound company dealt with such a matter.
Expert:  Ben Jones replied 13 days ago.

Thank you very much for clarifying. When did this happen?

Expert:  Ben Jones replied 13 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 13 days ago.
Incident in March 2020, I finally reported it in October 2020 as couldn't take working with him anymore, initially didn't with lockdown and thought of his kids has 5 daughters
Customer: replied 13 days ago.
No thanks for the call option
Expert:  Ben Jones replied 13 days ago.

Thank you. When did your employment officially terminate and how long did you work there for?

Customer: replied 13 days ago.
19.07.21 redundancy, all office girls. Worked there 9 and a half years
Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience. I am pleased to be able to continue helping with your query now. First of all, I am sorry to hear about the situation you have found yourself in.

Now that your employment has terminated, you only really have one option and that is to consider challenging the employer over what happened by making a claim for unfair dismissal and also one for alleged sex discrimination, which will cover the sexual harassment aspect. You have 3 months within which to start the process so do not unnecessarily delay it.

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 13 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.

Expert:  Ben Jones replied 13 days ago.

Hello, I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.