Colleague issue

HugoSP

In repsonse to Nicki's post below I've removed this lot. Although I do take issue with the way she said it, what she said was quite correct.
Gwen

See my posts further on regarding TU membership

You've received a lot of useful advice here.

I have had experiences in dealing with SH cases in the workplace but can't really add anything that hasn't been said.

Good luck Gwen, and when all this comes to a happy conclusion feel free PM me for advice regarding your house

Hugo (EX TU Convener)

Nicki

^^^^^^

What a waste of time and energy! Why spend time typing out a long response, when you haven't bothered to read the thread to see what the current issues are?

Hugo, your views would have been apposite had you posted them at the time of the opening post, but the situation has moved on considerably since then, and although OP did report the incident, the outcome has not been as you predict. Now if you have some TU advice as to how to deal with the current situation, or more specifically can answer the union question which has just been posed - ie would a union represent Gwen in respect of this if she joined tomorrow - that would be worth reading.

gwen80

Does anybody have any advice regarding finding a good employment solicitor? I've never found any solicitor before, except a conveyancer who was terrible.

Gwenx

Nicki

gwen80 wrote: »

Does anybody have any advice regarding finding a good employment solicitor? I've never found any solicitor before, except a conveyancer who was terrible.

Gwenx

This directory lists lawyers who are regarded by others in the same field as being particularly skilled. You could see if there is anyone listed in your area ( I don't know where you are based).
http://www.chambersandpartners.com/UK

If that doesn't work, and you have no friends locally who can recommend someone, then you could try phoning your most local barristers chambers (you can google to find them), ask to speak to the head clerk, and ask them if they can recommend a solicitor specializing in employment law in your area.

If all else fails, google to find firms in your area who do this kind of work, then google the name of each solicitor individually and see what you can pick up about them.

gwen80

Thanks Nicki Are solicitors bound to disclose any conflict of interest, i.e. they're representing my company or the guy in question?

Gwenx

mountainofdebt

Do you have legal cover with your household insurance? If you did, I don't know if they could help you but they certainly would have the name of an employment solicitor

gwen80

I do have legal cover, I'm calling them in the morning.

Thanks

Gwenx

WeakHeart

Gwen,

I think that if you joined a Union they would not take on any historic issues but as Hugo pointed out would help you with any further issues should they occur so you may find it would give you a little peace of mind. At least make contact a Union to ask a few questions to help you to decide whether to join.

As to your earlier question, my understanding would be that your employers are not obliged to confirm whether he did or did not expose himself. This is because employment law requires them to make a reasonable judgement based on what they believed probably happened having considered the facts before them (it's different from criminal law where a judgement must be made 'beyond reasonable doubt'). You will therefore not get them to confirm that the incident did not take place, at most only that they believe it probably did not or probably did not as a deliberate act.

If you are looking for what support you can get from your employers from this point should it happen again, you will need to make a decision about how comfortable you feel speaking to someone in HR about your concerns given the judgement that has been made and your current situation.

Nicki

gwen80 wrote: »

Thanks Nicki Are solicitors bound to disclose any conflict of interest, i.e. they're representing my company or the guy in question?

Gwenx

Yes. That's the first thing they'll check and if they are already advising him, they'll refer you on to another firm. If you have legal cover on your insurance, they may well pay for any firm you instruct rather than tying you in to their recommendation, but do check first.

WeakHeart

gwen80 wrote: »

I do have legal cover, I'm calling them in the morning.

Thanks

Gwenx

That's good. You can call the legal line that is usually available (whether you have legal cover or not) and get advice and the response should be fairly quick. If you use the legal cover just be aware that it can be more lengthy as you have to go through a claims process to get access to legal representation to take any actual action.

I would call the general legal helpline, mentioning that you have legal cover and explore what options are available to you and the potential timescales involved.