to ask for help for my SIL sexual harassment at work

[Helpformysister]

Sorry I know I'm not. But I need traffic.

To cut a long story short a man at my SIL's workplace had a thing for her (it was non reciprocal she is married and happily to my bro) He texted her all the time. And this was nipped in the bud and they thought it was in the past. it happened months ago. They even socialise as a couple with his wife who my sis calls a friend.

Last week she was using the toilet at work and heard a strange sound and found a mobile phone in the cubicle which was taking pictures of her. She knew it was his phone. she immediately deleted the pictures. And went to her boss. Who called him in, he admitted it and suspended him.

However, he was back at work yesterday at a different site. (What the hell?) this morning he has driven past her at the bus stop, then driven to one of the sites she'd be passing on the way to another shop and waved at her.

My blood is boiling. My brother is having to be restrained so he doesn't go and knock his head off.

I would appreciate advice on her legal position.
It is a small company, with several shops.

My Dad has sought advice from his friend on the police who works in this area, who has said the man could end up on the sex offenders registers.

If you could point me in the way of a website that outlines employers responsibility in this area this would help.
The add to the mix my father also works there and the owner of the company is a friend (acquaintance).

I know she needs to ring the police. But she is frightened.

(I've namechanged)

She needs to ring the police. Why hasn't he been dismissed?

Jesus Christ. What is wrong with some people? Yes, she shouldn't feel ashamed, and should go to the police, although that's easier said than done. Maybe the guy is just being kept on over Christmas?

Sigh. I have no idea how he can keep his job.

I don't know either. I could weep.
She is at work now, knowing he could come into the store at any time.

I just want to go and pick her up from work

Police now!!!!! I speak as a friend of someone who was stalked, which started small. Taking photos in the toilet huge red light. No messing around report to police and get a protection order around her. If he comes within so close hes put away. Weather or not you inform the boss pre or post this is up to you. You need to inform the boss but priority is police. Hope shes okay x

My Dad just want something to take in to the boss to show him how serious it is.

Thank you.
I know that is the answer.
And I know it could escalate.

HR Manager here. The company suspended him and have investigated the matters. From what you have said in your thread your sister was in the loo; the phone came under the door and pictures were taken. She "knew" the phone was his but did not see him and there are no witnesses it was him in the cubicle. Your sister also deleted the pictures so there is no evidence. You don't actually know what took place during his interview because he wasn't there. How do you know he admitted it.

The company have transferred him to another site which is reasonable and in the meantime he has driven past your sister and has waved. There is presumably a note on his record and a warning has been given that you are unaware of.

Your sister needs to discuss this calmly with the company management (who will I imagine have taken legal advice) when she is back at work and in the the meantime keep a record of any incidents. Did she complain formally about the texts - does she still have them? If she didn't the company doesn't have a formal record of this.

As an HR manager I can see both sides here and I don't think it would benefit your sister if anyone goes steaming in.

The quickest way to get the employer to take her seriously is to involve the police.

Seriously you need their help on this not ours (however well meaning we are )

That's from the company disciplinary perspective obviously. If your sister feels unsafe outside work then of course it needs to be reported to the police. What about his wife with whom she socialises? Does she know? Is she abused?

Both sides Windmill?

Give me strength.

The police do the investigating in criminal matters not the HR manager.

Xposts, I'm marginally more reassured by your second post but still

Lottie we don't know what the company have done to be perfectly fair and neither does the OP.

The wife does not know yet,
But knew he'd pestered her by text.

He has apparently done it to another woman at work. But I don't know the ins and outs of it. whether it was a fling or just pestering. The wife knows about it.

I understand what you meant Nearthewindmill.

But I think the manager doesn't know what to do and has admitted as much to my DF.

The employers responsibility is to investigate and follow their disciplinary procedure which should as a minimum echo the ACAS guidelines. They have suspended whilst the matter was investigated which means they thought it potentially serious enough to dismiss. Upon investigation they have not found sufficient evidence to fairly dismiss. They have taken action to minimise your sister's contact with the man and they may have reported the matter to the police. They will undoubtedly have taken legal advice about how to handle this. The matter is further clouded by the fact that many people know each other outside work.

The best advice is that your sister keeps safe over the hols, perhaps someone could meet her from work/take her, etc. In the meantime, she needs to make an appointment with the manager and express her concerns and note that she feels unsafe. If she also wants to report it to the police then she should do so. Most importantly you all need to stop socialising with his wife, etc., and keep firm boundaries between work and friendships because this will muddy and formal action civil or criminal.

The actual position is that your sister does not actually know what the company has done and they cannot disclose to her what they have done because it would be a breach of confidentiality.

I suggest you repost this in Employment where you will get fewer responses but they will generally be from professional practitioners, union reps and employment lawyers.

The most important thing is to keep calm and keep safe - what you don't want to happen is anybody getting into trouble for doing something silly, like knocking off his block, however tempting it might be. That will just dilute any case your sister might have.