Acas failed to follow their own procedures

JCS1

Apologies, I could only find this in Daily Mail, but ACAS have lost at tribunal for failing to follow their own policies.  

https://www.dailymail.co.uk/news/article-10339923/Acas-senior-executive-fired-sexual-harrassment-young-women-30-years-younger-him.html

And the details:

https://www.gov.uk/employment-tribunal-decisions/mr-j-woods-v-acas-2205215-slash-2019

NCC1701-A

Priceless!!

I trust their drum beater on here will include that link in their future advice.

BrassicWoman

Bit of a complicated one as the defendant appears to have had multiple allegations over a period of time which made investigations of separate incidents especially complex.

"No compensation shall be awarded to the claimant because he would have been dismissed on the same date had a fair process been conducted and it would be just and equitable to reduce any basic and compensatory award by 100% because of his culpable conduct."

So not entirely an own goal. Also, ick. Can't believe he appealed it with that much evidence stacked up.

Gavin83

I have to ask a question about this case that’s been bugging me. It states in the article that there was a complaint from a woman who’d had a consensual sexual relationship with him. Is there actually anything wrong with this?

I’m aware of position of power laws but as far as I was aware that only applied to teachers and similar jobs, not senior management positions with junior staff members.

I assume he’s been sacked for the other harassment issues mentioned in the article but I wanted to know if my understand of this was right or not. Relationships between young junior female staff and men in senior management positions isn’t exactly unheard of after all.

General_Grant

Gavin83 said:

I have to ask a question about this case that’s been bugging me. It states in the article that there was a complaint from a woman who’d had a consensual sexual relationship with him. Is there actually anything wrong with this?

I’m aware of position of power laws but as far as I was aware that only applied to teachers and similar jobs, not senior management positions with junior staff members.

I assume he’s been sacked for the other harassment issues mentioned in the article but I wanted to know if my understand of this was right or not. Relationships between young junior female staff and men in senior management positions isn’t exactly unheard of after all.

I haven't checked the case detail but there may well be an ACAS (as the employer) rule about such consensual activity.  Some employers do include not allowing such relationships - because of the potential adverse effects in the workplace.  So not "statute law" but potentially in the employment contract. 

MalMonroe

NCC1701-A said:

Priceless!!

I trust their drum beater on here will include that link in their future advice.

I doubt it. Mr Woods is a dirty old man whose case was so egregious that the judge thought he was so bad that he was awarded NOTHING?  I'd have been too ashamed of myself to take any other action whatsoever. All he has done is bring himself into the public eye as a sexual menace.

You need to read the whole of this document, link originally supplied by JCS1, specifically pages 1 (No compensation shall be awarded to the claimant because he would have been dismissed on the same date had a fair process been conducted and it would be just and equitable to reduce any basic and compensatory award by 100% because of his culpable conduct.)
and page 34.

https://assets.publishing.service.gov.uk/media/61c32167d3bf7f1f6edf9333/Mr_J_Woods__vs_ACAS.pdf

I'm an acas drum beater and will continue to be so, too. Especially if it publicises and punishes such people as Mr Woods.

MalMonroe

Gavin83 said:

I have to ask a question about this case that’s been bugging me. It states in the article that there was a complaint from a woman who’d had a consensual sexual relationship with him. Is there actually anything wrong with this?

I’m aware of position of power laws but as far as I was aware that only applied to teachers and similar jobs, not senior management positions with junior staff members.

I assume he’s been sacked for the other harassment issues mentioned in the article but I wanted to know if my understand of this was right or not. Relationships between young junior female staff and men in senior management positions isn’t exactly unheard of after all.

You need to read the Government document, not the Daily Fail.

In the government document it states on page 9, number 33 - "On 12 April 2018, Q then an employee of the respondent submitted a grievance against the claimant. She complained that the claimant had abused his power as a senior employee in relation to a consensual sexual relationship they had had between January and November 2017."

And to answer your question, YES!!! There is SO MUCH wrong with that. 

MalMonroe

Jillanddy said:

BrassicWoman said:

Can't believe he appealed it with that much evidence stacked up.

It does seem that he didn't actually see that his behaviour was wrong or unacceptable. Some men still think that way. Others think that way but are better at hiding it. What I find more incredible is that he rose through the ranks of ACAS to such a senior position and nobody noticed how he behaved, despite him seeming to make no effort to hide it. Smacks to me of selective blindness. 

If you read this document properly - https://assets.publishing.service.gov.uk/media/61c32167d3bf7f1f6edf9333/Mr_J_Woods__vs_ACAS.pdf

You really will see that it doe not smack at all of selective blindness and that this man DID know what he was doing was disgusting. 

And even if anybody HAD noticed how he behaved they ignored it until somebody actually decided to do something about it. You cannot complain on behalf of someone else. You can only complain yourself. He had been employed there since 1979 so probably felt he was untouchable. He wasn't.