Advice required: contract terminated due to poor performance / sexual harassment

[Phoebe]

Thanks for your responses.

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

[NotAllThere]

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).

[SueEllen]

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.

[Phoebe]

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.

[BrilloPad]

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.

[SueEllen]

Well, they did listen when I explained the incident and they actually urged me to report it as they were shocked and said the organisation does not tolerate it. Plus officially I am still under contract. I understand that sexual assault is a crime and an employer is liable. I am made of strong stuff and can move on from this, as distressing as it is.
Anyway, thanks for your comments - I will try to feed back the outcome.

Most companies do listen then work out how to escape liability.

Go to the police and report it as a crime , then go and see a lawyer if you want to take it further.

You need to do these two things today if you haven't already done them as the company will be working at damage limitation and in some cases destroying evidence.

However you won't get your contract back. So you need to decide what you are going to spend your energy on.

[NotAllThere]

...I understand that sexual assault is a crime and an employer is liable...

According to this; Assaulted at work? Sue the employers, it can be that the employer of the assaulter is liable. For a case of assault, I would go to the police, on the basis that it is a criminal offence and the perpetrator needs to be held to account to protect others.

Your contract being terminated for lack of performance is something that you just have to accept. Unless you are claiming that the assault was the cause of the lack of the performance - then you might want to contact a lawyer and sue the client. But the contract is over in any case. As a contractor rather than an employee, you have no right to be reinstated.

[BigRed]

I'm sorry for your experience. I'm really not sure how contracts are handled in this situation, have you tried citizens advice? or you could go straight for legal advice, if you know anyone in a union they may find you someone to talk to.

[stek]

Well, they did listen when I explained the incident and they actually urged me to report it as they were shocked and said the organisation does not tolerate it. Plus officially I am still under contract. I understand that sexual assault is a crime and an employer is liable. I am made of strong stuff and can move on from this, as distressing as it is.
Anyway, thanks for your comments - I will try to feed back the outcome.

You are the employer though as well, remember..

[northernladuk]

You aren't still under contract though? You said you'd be terminated. If you weren't they won't want you back on site while this pans out surely? And you wouldn't want to go either?

[Phoebe]

Well, they did listen when I explained the incident and they actually urged me to report it as they were shocked and said the organisation does not tolerate it. Plus officially I am still under contract. I understand that sexual assault is a crime and an employer is liable. I am made of strong stuff and can move on from this, as distressing as it is.
Anyway, thanks for your comments - I will try to feed back the outcome.

[northernladuk]

Is it legal for the organisation to terminate my contract under these circumstances?

Yes it is. They can effectively terminate by just withdrawing work. Your contract will say you are paid if you have a signed timesheet. You don't work, no timesheet, no pay. They can effectively can you there and then. There will be other clauses they could use as well but bottom line is if they want you gone there and then they can do it, without paying your notice as well so that's a bit of a bonus.

It's not a job, it's a short term contract. They all come to an end sometime. It's what we do.

Can't comment in the rest your problem though sorry.

[SueEllen]

Whether it is legal or not it doesn't matter they have terminated your contract.

It is up to you to enforce the law, and as you complained after being terminated you for poor performance have made it harder for yourself to be believed.

In future if you feel you need to complain about sexual harassment you need to do it before they terminate you e.g. as soon as it happens and make sure you do it in a recorded way e.g. email, letter. You also need to ensure you have evidence of the incident(s) if possible.

In short when you complain of any form of harassment or discrimination you, yourself, need to ensure you have evidence to be believed and need to take steps to address it. Even then the majority of companies bury it until you go legal, and even when you go legal about half don't settle until just before the court hearing.

If you have the money and time to continue to fight the case go ahead with it.

If you don't then I would get some counselling and start looking for some more work. Unfortunately due to being harassed it may take you a while before you are calm enough to get another role.

[Phoebe]

Hello,

I am new here. I have been on a contract for about 8 weeks, I was sexually harassed (I actually believe it was actually sexual assault) and advised of this once I had been told my contract was being terminated due to my poor performance. I was then told I would be paid my notice but to stay away from the office. I have now raised an official complaint about the harassment. I am also extremely stressed and upset from experiencing the incident, alongside being told to stay away and losing my job.

Is it legal for the organisation to terminate my contract under these circumstances?

Many thanks for any advise.

PB