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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think it’s just so unfair? *MNHQ trigger warning*

283 replies

WoodysRoundup · 23/04/2018 14:27

I’m basically on suspension from work whilst there’s an investigation as I was raped by a colleague and informed the managers.

But I’m on a zero hour contract with no time line of how long this will last, whether we’ll both be let go, or anything. I’m not working so I can’t get paid and I’m so frustrated that I can’t do my job and earn money like I’m the one in the wrong.

I’m sorry everyone I just needed to rant

OP posts:
Pengggwn · 23/04/2018 17:06

Hadn't he also been suspended?

Cornettoninja · 23/04/2018 17:09

Your situation sounds horrific and very hard. Can you contact your friends outside of work or have they been advised not to? Have your work not accepted your resignation?

As much I empathise with your situation everyone in a position of authority in this situation has to deal with facts, your feelings can't be spared if it means breaking laws even if it's only employment ones. I'm really sorry for your situation but they just can't, plus they are undoubtedly not equipped to deal with invesitgating a rape allegation. Your expectations are really unrealistic here.

I think your best course of action is to seek counselling/advice from your GP or rape crisis charity. I understand not wishing to go formally to the police but you need to understand what that means in reality with regards to your employment and allegations.

TittyGolightly · 23/04/2018 17:09

It is an inflammatory word, as it indicates some sort of alleged wrong doing

Suspension is a neutral act. It’s the right descriptor for this situation legally.

pigmcpigface · 23/04/2018 17:10

I think sweeney hits the nail on the head.

There's moral right here, and there's employment law.

Imagine this thread from a HR/employment law perspective: 'An employee at my work, A, has made an allegation of rape against another colleague, B. However A has understandably exercised her right not to involve the police in this matter. Should we immediately fire B?' The answer would have to be no - it would quite possibly place the firm in trouble legally to do so.

This is NOT to say that the OP is lying or in any way not telling the truth. If you read her last thread, you would know that she gave a perfectly good explanation for the firing by one manager and then the reversal of that decision by another manager. I think those repeatedly questioning her word are being seriously unhelpful and uncaring.

There is what is right here, and then there is the action that the firm can legally take in the absence of any official involvement from the police. I am appalled that she is losing out on work on a zero hours contract because she has made this allegation, but I don't know what her rights are in the circumstances. OP needs legal advice from someone who does.

Missingstreetlife · 23/04/2018 17:10

Police nothing to do with it. Only after he is convicted could it help as evidence.
Suspension is not about guilt, but should be paid. If no pay yes try jsa.
Where is your union op. Join one now, try unite if there isn't one for your workplace or industry. Good luck. Can they move you to a different workplace, he should stay suspended.

TittyGolightly · 23/04/2018 17:10

OP, can you try and stick to one thread? It’s really hard to advise you when bits of info are dotted about the place.

swingofthings · 23/04/2018 17:10

How long is your notice? Are you saying that you think it's unfair because you were expected to work until the end of your notice but now you've been told that you can't? You're better off starting to look for another job asap but what are you losing out of, one week?

TittyGolightly · 23/04/2018 17:12

There is what is right here, and then there is the action that the firm can legally take in the absence of any official involvement from the police.

This.

Smeddum · 23/04/2018 17:12

There is what is right here, and then there is the action that the firm can legally take in the absence of any official involvement from the police. I am appalled that she is losing out on work on a zero hours contract because she has made this allegation, but I don't know what her rights are in the circumstances. OP needs legal advice from someone who does

I agree with this.

MissDuke · 23/04/2018 17:13

OP you poor thing. Have you went to any voluntary groups for support? I wonder f any could act as an advocate for you to help you deal with work? You have to work through yourself following this trauma, never mind having to fight to keep your job too Angry

I do think it would be difficult for your work to fire the guy when there has been no police investigation. What are they investigating in work anyway, did it happen during work time? Seems a really weird approach that they have taken.

LakieLady · 23/04/2018 17:15

I realise it's probably the last thing you feel like doing atm, OP, but as you've handed in your notice, could you start looking for another job now?

I'd also ask to see a copy of the internal policy that they're using to make these decisions, just to be sure that they're not making it up as they go along.

TittyGolightly · 23/04/2018 17:16

I am appalled that she is losing out on work on a zero hours contract because she has made this allegation, but I don't know what her rights are in the circumstances. OP needs legal advice from someone who does

The OP isn’t entitled to pay in this situation.

Babyplaymat · 23/04/2018 17:20

Sadly not going to the police in this instance ties their hands. unless you are expecting them to investigate the crime? They can't sack him on an allegation, they need more.

captainBligh · 23/04/2018 17:25

"I'd also ask to see a copy of the internal policy that they're using to make these decisions, just to be sure that they're not making it up as they go along."

Why?

Internal policies often don't cover new situations.

What is the purpose of following your advice?

Smeddum · 23/04/2018 17:26

@captainBligh to make sure the company are following procedure correctly?

DrTorres · 23/04/2018 17:28

Suspended is not an “inflammatory word” and nor is it intended to be a punishment (although I can see that the ramifications of not being paid make it seem that way). It is a legal term.

In fact, depending on the circumstances, if they didn’t suspend you and he was sacked and made a claim of unfair dismissal he could actually win the case based on there being an improper investigation (his argument being that it couldn’t possibly have been neutral given that you were working and present throughout it)

EdmundCleverClogs · 23/04/2018 17:29

Saturday night I went into work not working and was asked about it by a friend, I got upset, GM kicked me out it.

So you got upset and the manager kicked you out on Friday, then you went back and the exact same thing happened on Saturday?

captainBligh · 23/04/2018 17:29

@Smeddum

Read it again.

Smeddum · 23/04/2018 17:30

@captainBligh why? I think asking to see company policy makes sense? If it’s not covered then surely seeing the policy would show that.

DrTorres · 23/04/2018 17:32

And yeah I’d ask to see the policy.

TittyGolightly · 23/04/2018 17:32

There’s been an allegation. They
Will investigate. If there’s some evidence that it happened, or he admits it without being under duress he could be sacked for breach of trust and confidence. No need to establish absolute proof as with a criminal investigation.

Original poster
WoodysRoundup · 23/04/2018 17:33

I think people are missing my point. I know they couldn’t have sacked him off the bat.

My point was they knew about it for days and saw that no action at all needed to be taken. They had a duty of care to me as an employee surely to give me time off, support, etc but they didn’t. And it was only until I handed in my notice they thought ‘shit, this looks bad that she’s leaving because she got raped’.

OP posts:
TittyGolightly · 23/04/2018 17:34

They had a duty of care to me as an employee surely to give me time off, support, etc but they didn’t.

What help did you ask for?

Original poster
WoodysRoundup · 23/04/2018 17:35

We have an external HR. I’m pretty sure they’re making it up as they go along

OP posts:
DrTorres · 23/04/2018 17:36

Why would you say that?