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Sexual harassment allegation/ Immediate dismissal

Employment and Discrimination Law

Re: Sexual harassment allegation/ Immediate dismissal

Postby Hairyloon » Wed Aug 02, 2017 9:28 am

diy wrote:Could he sue her for damages?

He could. What chance he has of success is something upon which we could not comment.

dls wrote:It may still be (gross) misconduct in and of itself.

A sales rep and a customer can between them undermine the relationship between the companies involved.

In which case, shouldn't they both be dismissed?
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Re: Sexual harassment allegation/ Immediate dismissal

Postby dls » Thu Aug 03, 2017 7:43 am

They appear to be employed by different companies
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Re: Sexual harassment allegation/ Immediate dismissal

Postby shootist » Thu Aug 03, 2017 8:05 am

He might then send full details of the woman's communications, together with a report on what has happened as a result, to her employers asking if such an unstable person should be employed by them. He may also have in those communications evidence of harassment on her part sufficient to amount to a criminal complaint.
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Re: Sexual harassment allegation/ Immediate dismissal

Postby atticus » Thu Aug 03, 2017 11:53 am

That may be construed as further harassment.
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Re: Sexual harassment allegation/ Immediate dismissal

Postby Hairyloon » Thu Aug 03, 2017 11:08 pm

dls wrote:They appear to be employed by different companies

Indeed, but is seems odd that the same behaviour by two people might be considered as gross misconduct by one half of a relationship because of the potential harm to that relationship when the other half of the relationship is entirely unperturbed by it.
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Re: Sexual harassment allegation/ Immediate dismissal

Postby diy » Fri Aug 04, 2017 5:16 am

His conduct may not be sexual harassment based on his evidence. However, it would be unethical to form sexual relations with a client.

With his length of service - he has no right to protection from unfair dismissal. They could have said your contract is terminated because your shoes are scruffy
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Re: Sexual harassment allegation/ Immediate dismissal

Postby Hairyloon » Fri Aug 04, 2017 9:46 am

diy wrote:With his length of service - he has no right to protection from unfair dismissal...


Unless it was through unlawful discrimination.
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Re: Sexual harassment allegation/ Immediate dismissal

Postby dls » Sat Aug 05, 2017 3:44 pm

Indeed, but is seems odd that the same behaviour by two people might be considered as gross misconduct by one half of a relationship because of the potential harm to that relationship when the other half of the relationship is entirely unperturbed by it.


It need not be odd at all. Different employees have different positions, expectations and duties.
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Re: Sexual harassment allegation/ Immediate dismissal

Postby tph » Sat Aug 05, 2017 3:53 pm

I agree he needs to move on. I would strongly suggest he does not take further action against the other person or their employer as is it unlikely to yield anything beneficial and could result in more problems.
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