Sexual harassment in the workplace

Ryan_F_2

A male colleague of mine was recently accused of slapping a female colleague's bottom. After a long investigation, this male colleague was NOT dismissed.

Now, I'm an outsider, a friend of the female in question. There were at least three witnesses to the spank, and four other females in the office have also complained about this guy's behaviour (a couple even kept a diary of things he's said to them).

As you can imagine, I now work in a very uncomfortable office. The general feeling is that the company have greatly erred, and the 'slap' victim is considering leaving and suing for constructive dismissal.

Surely there's an obligation for a company to sack him (he's the company's accounts manager, so quite important)? Although I'm not one of his victims (he only torments the ladies), I feel uncomfortable working alongside a man I know to be a sex pest.

What are the legalities here, and what are the options for colleagues such as myself who want noting to do with him?

IAmWales

Ryan_F wrote: »

A male colleague of mine was recently accused of slapping a female colleague's bottom. After a long investigation, this male colleague was NOT dismissed.

Now, I'm an outsider, a friend of the female in question. There were at least three witnesses to the spank, and four other females in the office have also complained about this guy's behaviour (a couple even kept a diary of things he's said to them).

As you can imagine, I now work in a very uncomfortable office. The general feeling is that the company have greatly erred, and the 'slap' victim is considering leaving and suing for constructive dismissal.

Surely there's an obligation for a company to sack him (he's the company's accounts manager, so quite important)? Although I'm not one of his victims (he only torments the ladies), I feel uncomfortable working alongside a man I know to be a sex pest.

What are the legalities here, and what are the options for colleagues such as myself who want noting to do with him?

Have the other females submitted complaints/ grievances formally?

There's no obligation on an employer to dismiss someone because others want him gone, but they do have a duty of care to all staff, so should be taking steps to ensure there is no repeat occurrence. Has anything happened since?

xapprenticex

Constructive dismissal because the company wont dismiss the other guy? lol

If he does it again, he will be sacked, so more than likely, it wont happen again.

You dont discuss anything but work, if you dont have to work with him, you dont talk to him.

Ryan_F_2

IAmWales wrote: »

Have the other females submitted complaints/ grievances formally?

There's no obligation on an employer to dismiss someone because others want him gone, but they do have a duty of care to all staff, so should be taking steps to ensure there is no repeat occurrence. Has anything happened since?

First question: not that I know of, although their grievances were discussed (and their diaries put forward) during the course of the investigation.

Second question: no, nothing has happened since, but then again the accused was suspended whilst the investigation was ongoing, and has only just returned.

Ryan_F_2

xapprenticex wrote: »

Constructive dismissal because the company wont dismiss the other guy? lol

If he does it again, he will be sacked, so more than likely, it wont happen again.

You dont discuss anything but work, if you dont have to work with him, you dont talk to him.

Surely if this guy slapped a girl on the bottom, and she finds him uncomfortable to work with (due to this assault), then I don't see why the girl can't leave and then sue. The company has a duty to provide her with a safe environment and it failed in that duty. She's even considering going to the press.

BTW, not sure a "lol" is really appropriate when discussing sexual harassment - I certainly don't find it a laughing matter...

IAmWales

Ryan_F wrote: »

Surely if this guy slapped a girl on the bottom, and she finds him uncomfortable to work with (due to this assault), then I don't see why the girl can't leave and then sue. The company has a duty to provide her with a safe environment and it failed in that duty. She's even considering going to the press.

BTW, not sure a "lol" is really appropriate when discussing sexual harassment - I certainly don't find it a laughing matter...

If she goes to the press she's the one likely to be dismissed.

The employer did not fail in their duty prior to the incident, I doubt they employed the man in the knowledge he would slap her bottom. The man will now be in no doubt that if he does it again he will be out of a job, there's no reason to suspect it will happen again.

What he did was unacceptable, but you are being very dramatic about it. You don't need to be friends with this man, you just need to be professional and get on with your job.

Ryan_F_2

OK, cheers for the advice, it's much appreciated. Certainly I'd rather she wasn't dismissed, but it is very awkward for her right now, being in the same room as him. Apparently it's her father who is itching to tell the local paper... if that happens would she be liable for dismissal?

Obviously from my point of view, I don't want the reputation of the firm sullied. The local paper does have a website, and O'd hate for our company to be linked to the story via an internet search.

Undervalued

Ryan_F wrote: »

Surely if this guy slapped a girl on the bottom, and she finds him uncomfortable to work with (due to this assault), then I don't see why the girl can't leave and then sue. The company has a duty to provide her with a safe environment and it failed in that duty. She's even considering going to the press.

It seems to me you are not so much asking a question here as promoting your own agenda. As a "friend" of the alleged victim it is difficult to take a balanced view.

If you want an opinion then no, based on what you have posted here, she does not have a realistic chance of wining a constructive dismissal claim. Going to the press would be extremely unwise.

The firm have taken disciplinary action. Clearly the outcome is not a severe as you would wish but that is a judgement call and one they are quite entitled to make. You need to concentrate on your job and deal will all of your colleagues in a professional manner, whether you like them or not.

If (and only if) there is any improper conduct then you report it to the appropriate person and leave them to deal with it.

Undervalued

Ryan_F wrote: »

Apparently it's her father who is itching to tell the local paper...

Oh really?

xapprenticex

Ryan_F wrote: »

Surely if this guy slapped a girl on the bottom, and she finds him uncomfortable to work with (due to this assault), then I don't see why the girl can't leave and then sue. The company has a duty to provide her with a safe environment and it failed in that duty. She's even considering going to the press.

BTW, not sure a "lol" is really appropriate when discussing sexual harassment - I certainly don't find it a laughing matter...

I have no doubt you cant see why she can leave and sue, whats your angle? i though male-feminist blue pill white knight simp zealot initially. Im sure youll protect her so she's safe from the ebil man.

I find the constructive dismissal and suing scenario to be 'lol' worthy, still do.

Slapping bums at work is stupid, we can all agree on it, he was reprimanded and warned, if he does it again youll get your wish and he will get sacked too

The companies reputation is based on a man slapping a womans bum once, and what's it to do with you, are you running it?

Ryan_F_2

Undervalued wrote: »

Oh really?

He's quite hotheaded and overprotective, apparently, as parents are wont to be. Apparently the girl had to convince her father not to enter work premises and punch the accused in the face!!!

I will certainly advise her that going to the press is definitely not the way to go!!!

Thanks everyone for the advice here tonight. I was admittedly a little rattled by the whole scenario but your pointed words of calm and sense have helped clear my head.

Head down, back to work, keep out of it - definitely the most sensible plan here.