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Work related legal issues

(33 Posts)
WoodysRoundup Sat 21-Apr-18 17:43:38

I need some help from you lovely ladies on advising me how this would work? When you go to a solicitors is it pay to get the advise or you tell them your issue and they see if they can help you? Then you would pay?

Short version of the story: I was raped by a colleague not in work, we were told we’d work different shift (not possible everyone works Saturdays th same), I gave in my notice 3 days after the rape realising I wouldn’t be able to cope with this plan, they only then started an investigation on day 4. Day 4 night, (last night) I was at work with a friend, it’s a bar, and I got ups t over the situation. My manager kicked me out the bar. Clearly panicking I would tell the other staff.

I’m so upset and angry by the situation. I don’t want to go to the police about the rape, this thread isn’t about that. But do I have some kind of case against my work? Negligence for making me work knowing I’d been raped that day, not doing an immediate investigation, constructive dismissal?

Smeddum Sat 21-Apr-18 17:48:31

I’m sorry you’ve been treated so utterly appallingly by your manager.
Firstly, do you want to talk to someone in confidence about what happened? There are helplines and such which are anonymous and you won’t be pressured to contact the police if you don’t want to.

Secondly, I’m not a lawyer but I’d say you have a case. They have a duty of care to you as an employee and in many, many ways have failed you. In fact by allowing a rapist to continue working in a bar, around drunk and vulnerable women, they’re failing everyone who steps foot into your workplace.

But you are what is important here, so it’s about what you need and want.

Smeddum Sat 21-Apr-18 17:49:38

rapecrisis.org.uk/centres.php

No pressure at all to click, but this link gives details of how to find a rape crisis helpline near you flowers

LIZS Sat 21-Apr-18 17:50:23

Sorry to hear your situation. What are they investigating? If you have not reported it and it was not at work they cannot discipline him very easily. Has he been suspended or told to avoid you? How long have you worked there? If you voluntarily turned up for work and they sent you home when upset I'm not sure what you expected.

Smeddum Sat 21-Apr-18 17:53:19

They could have sacked him, despite it not being reported. And your last comment LIZS smacks of victim blaming, please don’t. OP didn’t do anything wrong, her manager did. They could have let her take a break, made a cup of tea, asked what she needed. Anything but booting her out of the workplace.

LIZS Sat 21-Apr-18 17:57:37

Not victim blaming, just wondering how op would have preferred her manager to deal with her being upset. Maybe manager should have asked her? If the colleague has less than 2 years service they could be dismissed.

Noeuf Sat 21-Apr-18 18:25:15

How could they sack him if it's not reported? They could investigate but he'd have a strong case for unfair dismissal surely?

Smeddum Sat 21-Apr-18 18:27:46

They could just not offer his shifts, or make it so unpleasant to be at work that he doesn’t return? Or make it a safeguarding issue, that staff and patrons are at risk from him?

Smeddum Sat 21-Apr-18 18:28:31

And he could feel free to go for unfair dismissal but that would mean him admitting what he did or at least bringing it up officially which I doubt he’d want to do.

greendale17 Sat 21-Apr-18 18:33:15

*But do I have some kind of case against my work? Negligence for making me work knowing I’d been raped that day, not doing an immediate investigation, constructive dismissal?*

You don’t want to report it to the police, okay fine that’s your decision.

But I don’t see how your work can conduct an investigation into the rape which occurred outside of work hours and premises.

You need to report this to the police

turnaroundbrighteyes Sat 21-Apr-18 18:35:55

If he's been there less than 2 years they could have just sacked him on the basis of it "not working out" no need for an investigation

Peachyking000 Sat 21-Apr-18 18:37:31

I’d speak to ACAH re your employer’s duty to you, rather than relying on possibly incorrect advice on here.

Sorry for what has happened to you flowers

Tartanscarf Sat 21-Apr-18 18:38:08

You are unlikely to have a case against your work. If you weren’t able to cope you should have gone home or not gone in and got signed off sick.

Peachyking000 Sat 21-Apr-18 18:39:45

*ACAS

Tartanscarf Sat 21-Apr-18 18:40:11

On what level would it be ok for them not to offer him any shifts based on an accusation from the op?

She isn’t going to the police. It didn’t happen in work time or on work premises. They can’t sack him because a colleague has made an allegation. Or make it “so unpleasant” for him.

Smeddum Sat 21-Apr-18 18:42:32

If he’s on a zero hour contact (as many bars are) they could just not offer him shifts. And I don’t know about you but I wouldn’t be particularly inclined to be nice to a rapist, would you?

Why is the onus and pressure on OP to report to the police? She’s already had control removed from her in a terrible way, she has the right to choose how she goes forward.

LIZS Sat 21-Apr-18 18:51:32

If he has less than 2 years service he, like most employees, can be dismissed without reason and only have leave to claim unfair dismissal if it was covered by specific circumstances such as discrimination.

AnchorDownDeepBreath Sat 21-Apr-18 18:58:44

I suspect it'll depend on a lot of factors, sadly. It's potentially not as easy as just not offering him shifts because of the allegation.

Were you promised different shifts to him as a result of disclosing what happened; and was that promised from HR or your manager? Any chance that is in writing?

ACAS might be a good call here; but it might be too complex, in which case a solicitor who does employment law would be a good idea. They will usually listen to an outline of your case and then give you an idea of costs to continue; although that initial hour or so may not be free.

Tartanscarf Sat 21-Apr-18 19:29:08

The op hasn’t reported it to the police so he can’t be suspended pending investigation even.

Op I’m sorry this happened but you do really need to go to the police xx

Noeuf Sat 21-Apr-18 20:02:08

But that leaves it open to anyone to make any kind of allegation and get people sacked?

Tartanscarf Sat 21-Apr-18 20:04:21

I’m a bt confused op because you sad on Wednesday he has been sacked?

www.mumsnet.com/Talk/_chat/3225216-Anyone-up-I-ve-been-raped

Tartanscarf Sat 21-Apr-18 20:06:17

Sorry - posted too soon.

And then you said he had been unsacked? You can’t sack someone on the strength of an allegation

Shizzlestix Sat 21-Apr-18 20:09:09

Have you been sacked? What is the boss doing about this bloke carrying on working there? Please go to the police, OP. That’s the best thing you can do, legally.

Bombardier25966 Sat 21-Apr-18 20:14:29

If he has less than 2 years service he, like most employees, can be dismissed without reason and only have leave to claim unfair dismissal if it was covered by specific circumstances such as discrimination.

This is one of few circumstances where the male could claim (indirect) sex discrimination, by virtue of the fact that most rape allegations are against men.

All the suggestions of how the male could be dealt with could equally apply to the OP. She could be dismissed, they could stop offering her shifts etc.

If the OP wishes to issue a grievance against their colleague then the employer will need to investigate and make a finding based on the balance of probabilities. This decision may or may not be what the OP wants to hear.

Bombardier25966 Sat 21-Apr-18 20:18:55

Hmmn, there are some definite inconsistencies with the previous thread, which may well be because the OP is traumatised.

Can you confirm for us OP if the male has admitted to your employer that he raped you?

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