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Sexual assault

Hi
Is it possible to put a claim in for loss of earnings due to being off work with stress after I was sexually assaulted by a supervisor at work? My union did put me in touch with a solicitor and she has said that it was just workplace banter and although it has left me feeling very very upset she believes that the company are now dealing with the matter.
Any advice would be much appreciated.

Lilley65
«1345

Comments

  • Technically the Firm are vicariously liable for the actions of their employees, however, if they have in place a robust method of reducing the risk and clear policies, and a fair and reasonable disciplinary procedure, thier liability will be minimimised. However, I think the fact that it left you unable to work, means that morally they need to ensure you are not affected by what went on.

    If I were you I'd go back to the solicitor and say that you want lost earnings of £X plu £Y for the additional stress, and you want them to at least ask on your behalf, rather than dismiss it out of hand.
  • Hello Prothet
    Thank you for coming back to me, we have a dignity and diversity at work policy and the supervisor has been suspended and an investigation is going on. This is not the first time this has happened to me, 6 years ago a different supervisor introduced me to some new workers as a !!!!!, this was not dealt with by the company, this is a whole different story and quite lengthy, this also led me to have time out with stress.
    I would love never to go back to this workplace but unfortunately I have a family, mortgage, debts etc etc etc and unfortunately jobs are not easy to find.
    The solicitor has said legally the company is doing everything that they should do and unless I can prove some sort of psychiatric problem that I have suffered because of this then she could not help me. I have reported this to my local union official and she is looking into it but she has told me that she can't promise anything.
    I find it so frustrating that not only has this whole ordeal affected me but also my partner, my children and also our financial situation through something that was not my fault and was out of my control.

    Thanks for coming back to me though it is much appreciated.

    Lilley65
  • Hello Prothet
    Thank you for coming back to me, we have a dignity and diversity at work policy and the supervisor has been suspended and an investigation is going on. This is not the first time this has happened to me, 6 years ago a different supervisor introduced me to some new workers as a !!!!!, this was not dealt with by the company, this is a whole different story and quite lengthy, this also led me to have time out with stress.
    I would love never to go back to this workplace but unfortunately I have a family, mortgage, debts etc etc etc and unfortunately jobs are not easy to find.
    The solicitor has said legally the company is doing everything that they should do and unless I can prove some sort of psychiatric problem that I have suffered because of this then she could not help me. I have reported this to my local union official and she is looking into it but she has told me that she can't promise anything.
    I find it so frustrating that not only has this whole ordeal affected me but also my partner, my children and also our financial situation through something that was not my fault and was out of my control.

    Thanks for coming back to me though it is much appreciated.

    Lilley65
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Lilley65 wrote: »
    Hi
    Is it possible to put a claim in for loss of earnings due to being off work with stress after I was sexually assaulted by a supervisor at work? My union did put me in touch with a solicitor and she has said that it was just workplace banter and although it has left me feeling very very upset she believes that the company are now dealing with the matter.
    Any advice would be much appreciated.

    Lilley65
    Can we be clear about something here? Was the assault physical or verbal, because it will probably make quite a difference to how to deal with it.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Dunroamin
    Dunroamin Posts: 16,908 Forumite
    Lilley65 wrote: »
    Hello Prothet
    Thank you for coming back to me, we have a dignity and diversity at work policy and the supervisor has been suspended and an investigation is going on. This is not the first time this has happened to me, 6 years ago a different supervisor introduced me to some new workers as a !!!!!, this was not dealt with by the company, this is a whole different story and quite lengthy, this also led me to have time out with stress.
    I would love never to go back to this workplace but unfortunately I have a family, mortgage, debts etc etc etc and unfortunately jobs are not easy to find.
    The solicitor has said legally the company is doing everything that they should do and unless I can prove some sort of psychiatric problem that I have suffered because of this then she could not help me. I have reported this to my local union official and she is looking into it but she has told me that she can't promise anything.
    I find it so frustrating that not only has this whole ordeal affected me but also my partner, my children and also our financial situation through something that was not my fault and was out of my control.

    Thanks for coming back to me though it is much appreciated.

    Lilley65

    It sounds as if they're taking the matter seriously - what else did you want to happen?

    In what way is it affecting your children?
  • lulu650
    lulu650 Posts: 1,158 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Lilley65 wrote: »
    ....The solicitor has said legally the company is doing everything that they should do and unless I can prove some sort of psychiatric problem that I have suffered because of this then she could not help me.....
    Are you able to prove a psychiatric problem? The solicitor appears to be talking about a personal injury claim and that is the only way to move forwards on this.

    If you were to resign from the job then you may be thinking of pursuing constructive dismissal. However, the employer are following correct procedures and your supervisor is suspended pending a disciplinary.

    I think what must be galling is that your supervisor is suspended on full pay but you, the victim, are on reduced pay.

    Has your doctor indicated how long you might be off work for?
    Saving money right, left and centre
  • StuC75
    StuC75 Posts: 2,065 Forumite
    Think the OP needs to elaborate to whether this is assault (Physical) or harassment (Verbal)..

    Surely if it was a Sexual Assault then the matter would be in the hands of the Police, and not being dealt with as a Internal Employment Matter and posted about on an Internet Forum??

    Does anyone else not think this?
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Verbal assault is trendy term, there is no crime of verbal assault, it would come under harassment.
    Despite what is rumoured the CPS will only usually prosecute fora assault if there has been contact involving undue force.
    They are other sexual offences, but they are rarely prosecuted as assault.

    If this person has unduly touched or worse then really you should be talking with the police, not people at work.
    Be happy...;)
  • jacques_chirac
    jacques_chirac Posts: 2,825 Forumite
    edited 16 October 2013 at 10:42AM
    spacey2012 wrote: »
    Verbal assault is trendy term, there is no crime of verbal assault, it would come under harassment.
    Despite what is rumoured the CPS will only usually prosecute fora assault if there has been contact involving undue force.
    They are other sexual offences, but they are rarely prosecuted as assault.

    If this person has unduly touched or worse then really you should be talking with the police, not people at work.

    Some of your 'advice' is shockingly bad. Thankfully the CPS do not work with rumours or what is trendy, they follow guidelines which reflect statute and precedent.

    Assault can be by words, indeed it can be by silence, it is the implication reasonably taken by the victim which determines whether an offence has been committed. A one off instance of 'verbal assault' would not meet the definition of harassment, either in a criminal or civil dispute.

    Sexual assault is an entirely separate offence and does require touching without consent.

    On the information given it is not possible to state whether their complaint meets the criteria of any of the given offences. I would suggest it does not, but could not be certain without further details.

    With regard to a personal injury claim, I would question whether psychiatric injury was reasonably foreseeable. Again, it is not possible to be more definitive on the limited information given.
  • ILW
    ILW Posts: 18,333 Forumite
    Are the police pressing charges?
This discussion has been closed.
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