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sexual harrasment at work...

fudgebaby
fudgebaby Posts: 3 Newbie
edited 10 June 2010 at 1:54PM in Employment, jobseeking & training
:beer::beer::beer::beer::beer::beer::beer::beer:

Comments

  • Googlewhacker
    Googlewhacker Posts: 3,887 Forumite
    fudgebaby wrote: »
    Im a care worker and i work on a one to one basis in a private home setting, the brother of the person i care for also lives there (although he shouldnt) and i have been subjected to sexual harrassment at work for the last ten years, i have raised this with my manager ( their sister) many times but it all came to a head on friday after his bullying ways became too much for me and another female member of staff...the sister informed the brother of what was said and he knows it was me, im being made to still work alone with this guy even tho he is well !!!!ed off with me for making the complaint....i went to the doctor today and she noted it all down and signed me off work for two weeks....My questions are....Can they sack me for being of sick due to sexual harassment and if i leave could i go for unfair dismissal? Im not a member of a union and its just the family i have to back me...

    Have you raised it as a formal grievance? If not you need to do this. As for unfair dismissal you really need to show that you have tried to go via the business procedures to amend any problems that have occurred which then makes your case stronger.

    No they cannot sack you for being sick for two weeks, if you went on long term sick then they can look at dismissing you on capability grounds but this is a long and drawn out procedure.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    What is the nature of the 'sexual harassment'? If it involves touching, it may constitute a sexual assault, and would be a matter for the police to investigate.
    "You were only supposed to blow the bl**dy doors off!!"
  • Judas
    Judas Posts: 325 Forumite
    What is the nature of the 'sexual harassment'? If it involves touching, it may constitute a sexual assault, and would be a matter for the police to investigate.


    Yes although it doesn't sound like it.

    Care is a difficult environment and if you are caring for older gentlemen I would expect sexism to happen I am afraid and would expect staff to log the incidents and if it became serious enough for the employer to reassign.

    Can you confirm some examples of this harassment.

    I also find it a bit of a cop out getting signed off for it I am afraid as your stress seems entirely about what might happen and wanting to avoid a confrontation rather than being genuine stress.
  • heretolearn_2
    heretolearn_2 Posts: 3,565 Forumite
    Check your employers procedures. You need to put your complaint in writing, stating dates and exactly what's happened, and the dates you verbally reported the incidents along with the response you got.
    Cash not ash from January 2nd 2011: £2565.:j

    OU student: A103 , A215 , A316 all done. Currently A230 all leading to an English Literature degree.

    Any advice given is as an individual, not as a representative of my firm.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    You must raise this as a formal grievance. And include the fact that you have already raised this with your manager who has then told the person you are accusing of your complaint but done nothing to resolve it. That way, your manager cannot deal with your grievance.
    your stress seems entirely about what might happen and wanting to avoid a confrontation
    this seems to hit home, I think you should come off the sick, put in your grievance and ask to be reassigned.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    fudgebaby wrote: »
    Im a care worker and i work on a one to one basis in a private home setting, the brother of the person i care for also lives there (although he shouldnt) and i have been subjected to sexual harrassment at work for the last ten years, i have raised this with my manager ( their sister) many times but it all came to a head on friday after his bullying ways became too much for me and another female member of staff...the sister informed the brother of what was said and he knows it was me, im being made to still work alone with this guy even tho he is well !!!!ed off with me for making the complaint....i went to the doctor today and she noted it all down and signed me off work for two weeks....My questions are....Can they sack me for being of sick due to sexual harassment and if i leave could i go for unfair dismissal? Im not a member of a union and its just the family i have to back me...

    It sounds like a horrible situation. Unfortunately it's well accepted that if you work in care you will get harassed, being comments or wondering hands. It should not be tolerated, even worse when it's not even your client!
    The company have failed to act and I can see that this would have caused you enough stress to need time off. No need to feel bad about it, you have endured if for 10 years and have had enough.

    I agree that you need to raise a grievance to make sure your concerns are properly recorded and that it goes higher than your boss.

    You need proper advice from ACAS or CAB (they normally have an employment expert).

    Taking two weeks off sick should not cause you too many problems, unless you have had a lot of sickness.

    Hope all is resolved well for you.

    PS If you are feeling a bit vulnerable at the moment, be careful as not everyone on this board will be helpful and understand what you are going through.
  • jak166
    jak166 Posts: 2 Newbie
    I would try clicklegaladvice. Free forum for employment/legal questions.
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