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Chat with other users about all things related to working life on our Work forum.

Work

Harassment

83 replies

mamasin · 08/08/2007 15:38

A senior colleague humiliated me publicly almost two months ago. I reported this and while he denied making a comment, he "apologised" in the must insulting way possible. I have sought to have the matter dealt with formally and met with HR who tried to convince me because he said it on a work night out it didn't count(it was a work do.) I have been isolated by my line managers and HR have told me that nothing will happen at least until next month.
Advice please

OP posts:

Report

RubySlippers · 08/08/2007 15:39

contact ACAS and Equal opps
do you belong to a Union? if so, contact them
keep a log of incidents (dates and times etc)
sounds like a horrible situation

mamasin · 08/08/2007 15:42

thanks - have just sent off my application to the union. live in Eire so don't know about ACAS and Equal opps.

OP posts:

Oblomov · 08/08/2007 15:48

Have you made an official complaint to HR ?
Calling flowerybeanbag or other HR people.

RubySlippers · 08/08/2007 15:51

they will tell you whether they cover Eire
flowerybeanbag is an HR guru

mamasin · 08/08/2007 15:54

Yeah, made the complaint formal seven weeks ago. I've given them all the information and met with the HR head. I've asked for a copy of all correspondence several times but haven't received anything. Think I'm going mad, wondering if I'm overreacting. What would you do?

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mamasin · 08/08/2007 16:47

sorry this is such a downer for me. I feel I'm either being ignored or treated with contempt!

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flowerybeanbag · 08/08/2007 19:25

hi mamasin
It does count if it's on a work do, HR are being rubbish.
When you say you made the complaint formal, was it a formal grievance under your grievance procedure? If not, do that.
Your grievance procedure should have a bit about timelines, when you should hear, etc.
In any event, they have to respond within a 'reasonable' timelimit, usually 5 days would be considered reasonable. At the very least they have to write and explain any delay (people on holiday for example).

If nothing happens you can put in a tribunal claim, which you can't do until you have waited 28 days for a response.
Having said that, if you are feeling threatened and harassed, you can skip this and go straight to tribunal. Wouldn't recommend this though, try and get it resolved internally first if you can.

You are not overreacting, you are entitled to have this dealt with and if you raise a formal grievance it must be heard properly.
Check your grievance policy, follow it to the letter, raise the grievance in the right way, to the right person etc if you haven't already, and copy in the HR head.
Request the correspondence again in writing, stating that you need it for a formal grievance you are bringing, and if they refuse or delay they are preventing you having proper access to the grievance procedure.

Hope that helps, it's a horrible situation to be in, and important to address it formally to prevent it happening to others.

flowerybeanbag · 08/08/2007 19:30

Have just seen you are in Eire. In which case I'm not sure about the time limits/statutory procedures.
Everything else stands though.
I will have a shufty and see if I can find what the deal is legally over there if it's not dealt with properly.

edam · 08/08/2007 19:31

Agree with flowery, it does count at a work function and your HR dept are just trying to get you to drop it. Very unprofessional. But not unknown.

Do get some support from a union, professional organisation or any organisations that are equivalent to ACAS in the UK.

Don't let the buggers get away with this.

flowerybeanbag · 08/08/2007 19:57

found this code of practice about discipline and grievance in Ireland.

Haven't found anything about your rights if it is not dealt with properly yet.

Will keep digging!

flowerybeanbag · 08/08/2007 20:14

It seems that if it is sexual harassment, it is covered under the Equality Act, and complaints in this area would be heard by the Equality Tribunal this is their website with all sorts of helpful stuff.
Is it sexual harassment or non-sexual bullying?

mamasin · 09/08/2007 09:46

it was a sex based comment along the lines of he wasn't fuckin drunk enough yet to go anywhere near me. Don't know if that's bullying or sexual harassment. company say I have to wait till September till he's back from holidays...

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flowerybeanbag · 09/08/2007 10:49

I'd say that was sexual harassment, there is a sexual connotation to it, so it's not just bullying I would say.

He has a right to put his side across, so it's fair enough to wait til he's back from holiday (assuming he's already gone or it's not reasonably possible to hear it before he goes).

If there is a reason they can't deal with it promptly they can delay it as long as they let you know, as they have done.

What a nightmare for you, but if he's away at least you don't have to face him for the time being.

edam · 09/08/2007 18:52

What a charmer.

mamasin · 10/08/2007 11:52

Yup, thing is I thought he was nice. Of course,he's denied everything and that I made a suggestive comment to him (btw he's short, fat and smokes ewww!)As if.

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mamasin · 14/08/2007 09:54

unfortunately, one of his colleagues and my direct boss has joined in. came in to work today and had the most bitchy email from her ever, nitpicking about nothing! i feel like crying but won't give em satisfaction (& they've seen me blub so much already!)

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mamasin · 21/08/2007 16:51

I said i was open to mediation if they spoke to people who witnessed his comment and they agreed to it. Then they sent a letter saying they wouldn't talk to people and did I want mediation? I emailed back and said that I wanted mediation on the abocve terms.

Now I have a letter from HR advising that my colleague has declined mediation so they are going to get an independent person to look at case.Is there some legal advantage for him if it looks like he is refusing mediation?
they won't give a timeframe, they won't give me material information(they said its inappropriate!) The person they want to appoint has experience in dealing with bullying. Ought he have some experience in sexual harassment? They want a reply and as flowery said in another thread I want to do something instead of waiting for them to contact me...

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mamasin · 22/08/2007 11:17

my direct boss is here, should i tell her that i feel i've been victimised (bitchy email, minimum contact) or bite my tongue?

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flowerybeanbag · 24/08/2007 21:39

Hi mamasin, just back from my hols. Who do you feel is victimising you with bitchy emails minimum contact etc? Your boss or the guy who has harassed you?
As far as the mediation goes, I am not comfortable advising you about legal implications etc as you are working under Irish employment law which is not my area I'm afraid.

Leaving that aside, whether you are happy with mediation is completely up to you, but I would say it must be on your terms, or not at all. You have raised a formal complaint of a serious nature which they have an obligation to address in a timely manner. If you are happy for that to be through mediation, fine, but if you are not happy with any aspect of that proposal, say so, and formally request a proper investigation into your allegation.

keep us updated

mamasin · 29/08/2007 13:44

thanks for that flowery, i change bosses tomorrow as part of restructuring within our org (something that was planned before harrassment). Should I raise the issue in our handover meeting or should I say nothing? any advise please.... Have not heard a word from HR in ages now...sorry to moan!

OP posts:

flowerybeanbag · 29/08/2007 19:58

Your new boss needs to be aware of this as an ongoing issue, so do raise it at some convenient point yes. And also mention that you are awaiting the situation (which is a serious one) being dealt with by HR and you are disappointed with their lack of action so far, you hope you can count on [new boss] support in resolving this as soon as possible.
And harass HR as well. They are probably busy if there is restructuring but harassment is a serious complaint that needs addressing, and they shouldn't leave you hanging like this.

chipmonkey · 29/08/2007 20:39

mamasin, just wondering if you've put your question on magicmum.com or rollercoaster.ie? Bound to be a few legal eagles on there who are resident in Ireland!

chipmonkey · 29/08/2007 20:42

Sorry, flowerybeanbag, don't mean to imply you're not helping! Just thought there might be people on the Irish parenting sites with direct experience in Ireland! Sorry!

morningpaper · 29/08/2007 20:49

Is this just about one comment at a work party which really upset you, or is there more to it than that?

What do you hope the outcome will be?

flowerybeanbag · 29/08/2007 20:52

no no chipmonkey don't worry at all, absolutely good idea, my knowledge of Irish employment law is limited to what I've managed to find out for mamasin, so no offence taken whatsoever!

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