Sexual Harrassement Allegation

betrayed_2

Hi Guys,
Few weeks ago I posted the same threas under 'Naive' name but due to ovewhelming criticism of chosen name I have changed my name.

So here is what I had posted before
Someone at work accused me (anonymously) of sexually harrasing them and HR called me to tell (verbally not written warning) they will put me under observation due to these allegations. HR also said that they cannot tell me the name of accuser as they want to remain anonymous. I denied all these allegations. But since then I have noticed people especially female colleagues are Cold towards me and keeping distance from me. I am getting depressed now with this marginalisation and even more depressed that someone can anonymously accuse me and my life can turn upside down due to someone's false alegations.
Finding a new job is not an issue but leaving job under such conditions will make me feel defeated as I want to fight and prove my innocence.


Here is update since then
I made a Subject Access Request to HR but they have refused to give me the name of accuser, details of accusations, or the nature, time, place of harrassment as they cannot pass details of third party without consent and that third party (accuser) wants to remain anonymous.


Please note that job reference in my field specifically ask questions about character of a person. My line manager has informally also told me that should he write in my reference letter that I was accused of sexual harrassment and was under observation for that then he will be right in doing so as this is factual.

I am at loss that soemone's anonymous false accusitions can make my life so miserable.

SarEl

Are you expecting that changing your user ID will change the advice? Because it will not. Your employer has done nothing wrong (and has not issued any form of disciplinary warning). They have received a complaint and whatever the substance of that complaint they obviously consider it relatively serious. Because the complainant was obviously not willing to go formal with their complaint, the employer has very correctly decided that they cannot pursue a disciplinary case, but that does not mean that they must ignore a serious allegation of this sort. The employer could have simply monitored you anyway - they were under no obligation at all to inform you of any of this. By telling you they were actually giving you an opportunity to ensure that your behaviour fell within acceptable standards. As many people pointed out to you previously, just because you think that you haven't done anything wrong does not mean that you didn't do something which wasn't open to interpretation as being harassment. So if you did, then you have an opportunity to make sure you don't do it again, and if you didn't, then there is no problem - in either case the monitoring will not turn up any unacceptable behaviour.

The employer was correct in refusing your SAR - their specified reasons for refusal are within the accepted grounds for refusal. However, I do think that your manager is skating on thin ice in relation to the reference. Although that statement is factually correct, if that is all he says then it would be somewhat misleading, and may be actionable. To be strictly factual he would have to be clear that the allegation was not subject to any disciplinary action and that the complainant refused to make a formal, on the record, complaint, and that therefore the allegation was unproven. Personnally, in the employers position, I think that it would be unwise of them to say anything based on an unproven allegation, and HR may take a rather different view than your manager. Have you raised this matter with them and asked for clarification?

Sambucus_Nigra

I would ask them what happens next. If nobody wants to make it formal and the company then can't investigate and are 'watching' you - at what point are you deemed to be ok and not watched again and thus, not subject to an underlying complaint?

See, there are 2 issues here.

If you are innocent, then you are essentially under the choche because someone has said something that you can neither comment on or disprove.

If you are guilty then either you don't know you are doing it or you are doing it and thus putting others at risk within the company of being subject to your harassment.

Again, even if you never do it again, never did it or DO do it again, whatever it is; will this be on your file and thus on a reference forever even though it was never investigated and you never had a chance to respond. You are basically either guilty and screwed or not guilty and screwed.

So, the first question to ask you is...how betrayed you then?

yvonne13_2

wow, I can only empathise as it must be a worry to you to have something like this hanging over your head. Things like this happen in life all the time and just because the word sexual harrassment was used don't just assume the obvious. It could be a simple thing like you were having a private conversation with someone another staff member was walking past and it made that person uncomfortable so they reported it. As I said I am only guessing but theses things happen.

Just get your head down and focus on your job, try not to spend all your energy trying to figure out who it was as you will never know.

DVardysShadow

SarEl wrote: »

... However, I do think that your manager is skating on thin ice in relation to the reference. Although that statement is factually correct, if that is all he says then it would be somewhat misleading, and may be actionable. To be strictly factual he would have to be clear that the allegation was not subject to any disciplinary action and that the complainant refused to make a formal, on the record, complaint, and that therefore the allegation was unproven. Personnally, in the employers position, I think that it would be unwise of them to say anything based on an unproven allegation, and HR may take a rather different view than your manager. Have you raised this matter with them and asked for clarification?

I would agree with the above. SN raises an interesting point:

Sambucus_Nigra wrote: »

.... Again, even if you never do it again, never did it or DO do it again, whatever it is; will this be on your file and thus on a reference forever even though it was never investigated and you never had a chance to respond. You are basically either guilty and screwed or not guilty and screwed.

I would say that any reference would also have to convey the caveat that the complaint was never investigated.

yvonne13_2

From OP:
Hi Guys,
Few weeks ago I posted the same threas under 'Naive' name but due to ovewhelming criticism of chosen name I have changed my name.

So if you posted the same thread a few weeks ago was the feedback you got not constructive?

Oldernotwiser

yvonne13 wrote: »

From OP:
Hi Guys,
Few weeks ago I posted the same threas under 'Naive' name but due to ovewhelming criticism of chosen name I have changed my name.

So if you posted the same thread a few weeks ago was the feedback you got not constructive?

It got rather heated and went off track but the OP received some excellent advice.

Snuggles

I haven't read the original thread, but this sounds like an appalling situation to be in. If the complainant isn't willing to make a formal complaint, it seems extremely unfair that the OP is being "monitored" and made to feel as though they are under suspicion, without having any right to properly defend himself against the allegation.

The suggestion that this could be put on a reference is completely out of order IMHO. By putting it on there, even with the caveat that it wasn't investigated, the employer is effectively implying that they think it is relevant (and therefore probably true), again without the OP having had the opportunity to defend himself.

If you are in a union OP, I would see if they can help.

yvonne13_2

OP from the time you wrote the original thread has your bosses spoken to you about this matter again? And why did your manager say he would write about this on a reference? was there some kind of conversation about you leaving?

t0rt0ise

If it were me I'd apply for other jobs. They will probably be glad to see you go so will not mention it on a reference.

betrayed_2

Thanks for all the posts guys
Please dont get off the track with name change

I only hope you can understand how difficult it is to keep your head down and continue while you are being marginlaised and looked as suspect.

Finding a job is not big issue but why should I leave and suffer this situation when I have done nothing wrong.


I have kind of figured out who the complainant is but without being told I cannot take any legal action.

I cannout emphasise the frustration and depression I am going through that I am completely innocent and such behaviour is not possible from me but still due to one anonymous complaint my life has been made so miserable. Why I should change jobs (though its not difficult to find new one) when I have done nothing wrong.