Advice required: contract terminated due to poor performance / sexual harassment
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  1. #11

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    Quote Originally Posted by BrilloPad View Post
    If you talk about sexual harassment/assault after the contract was terminated it appears to be sour grapes. You should have done something at the time.
    I'm sorry, but this response has incensed me. I am guessing that you are a male. You should remove 'should' from your vocabulary!
    The reason I didn't say something at the time is because I have been through a similar process previously whilst a permanent employee, it was highly traumatic (most women don't do anything), I was successful in keeping my job / removing the offending male but it wasn't worth it for the cost to me. I was traumatised by what was happening and that it was happening again. I have an official meeting tomorrow.

    I have a certain amount of evidence from what happened, I just didn't realise I would be measured on the 'performance' issues that were stated (which actually were quite ridiculously minor). I asked this question as I was querying whether supposed 'poor performance' when caused by / in line with improper occurrences held any weight in law.

    Thank you for your responses. I am not expecting to be reinstated, I wouldn't want to go back into that environment. I have already considered whether the harassment was actually unlawful (I believe it was) and as it only happened a few weeks ago I understand I am still within time limits.

    Thank you to others that have responded.
    Last edited by Phoebe; 3rd April 2017 at 21:25.

  2. #12

    I live on CUK

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    Quote Originally Posted by Phoebe View Post
    I'm sorry, but this response has incensed me. I am guessing that you are a male. You should remove 'should' from your vocabulary!
    The reason I didn't say something at the time is because I have been through a similar process previously whilst a permanent employee, it was highly traumatic (most women don't do anything), I was successful in keeping my job / removing the offending male but it wasn't worth it for the cost to me. I was traumatised by what was happening and that it was happening again. I have an official meeting tomorrow.

    I have a certain amount of evidence from what happened, I just didn't realise I would be measured on the 'performance' issues that were stated (which actually were quite ridiculously minor). I asked this question as I was querying whether supposed 'poor performance' when caused by / in line with improper occurrences held any weight in law.

    Thank you for your responses. I am not expecting to be reinstated, I wouldn't want to go back into that environment. I have already considered whether the harassment was actually unlawful (I believe it was) and as it only happened a few weeks ago I understand I am still within time limits.

    Thank you to others that have responded.
    I know his view has incensed you but that's the attitude you may be up against as not all companies are enlightened.
    "Youíre just a bad memory who doesnít know when to go away" JR

  3. #13

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    Perhaps it would have been better phrased as "Because you didn't raise it before your contract was terminated, it could like sour grapes". However, the fact that you were canned after the incident, on apparently spurious grounds, that could indicate your client was aware of the incident and took pre-preemptive action. But they can terminate for no reason at all if they wish, so I think there's no action that you can take concerning the contract. Your not employed (unless it was a fixed term contract), you don't have any of the legal protection.

    Consult a lawyer. as a matter of urgency Frankly, I wouldn't even think of attending the official meeting without a legal representative. Whatever you do, do not be pressured into signing or agreeing to anything.

    If it was sexual assault, then, on successful prosecution you may be entitled to victim compensation. Not much of a comfort, but it is there. Just had a quick check, and given that you indicate it's on the borderline between harassment and assault, it'd be about £1000,

    If it was not assault but harassment, then you could personally sue the company for distress etc. You might also be able to sue the company through your own company (if you contract through a ltd co), for failure to protect your company's employee).
    You won. Get over it.

    --drunk on abuse of power--

  4. #14

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    Thanks for your responses.

    Somewhat enlightened company, have listened, didn't know and concerned / taken seriously ... waiting for next steps...

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