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Advice required: Can I sue for harassment suffered from client's employee

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    #11
    You have few ‘rights’ as a contractor.

    In fact generally we would not thank you if you gave them to us.

    We are small businesses and solve our problems from that point of view.
    "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
    - Voltaire/Benjamin Franklin/Anne Frank...

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      #12
      As NAT said, the question isn't whether you "can" sue. You can sue for whatever you like. However, you have to remember this is a B2B contract and your options are limited to whether there has been a breach of that contract. If you're going to sue, you have to demonstrate there has been some kind of loss. You've been paid your notice, so there's no financial loss. You haven't lost a limb, or an eye, so there's no physical loss. Your reputation was only tarnished within that organisation, unless you can prove that the employee's actions have resulted in you being black listed and you are unable to secure work with any other organisation to which you would ply your trade.

      That's not to say no-one is sympathetic. It's horrible to work somewhere where the staff seem to get off on making your life a misery and I don't think it is fair that these people get away with it. Unfortunately, fair is not something you can sue for.

      Take some time off, if you can afford it, and get your head straight. Sit on a beach for a while or climb a mountain, or whatever works for you. Not all clients are bad. See what you can learn from this experience in order to develop a way of coping/addressing it should it happen again. You are in business on your own; you need to look after yourself.

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        #13
        Nothwithstanding the above, there are cases where a worker might be able to make a personal claim against a client. For example, if you as a contractor are physically injured due to the negligence of a client employee. Or if your were being sexually or racially harassed.
        Down with racism. Long live miscegenation!

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          #14
          Could I interest you in one of these instead?

          https://weblearn.ox.ac.uk/library/im...ine-breaks.png
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            #15
            No you cannot. Even as a permanent they can do almost what they like for 2 years.

            Unless you have concrete proof of blatant illegal behaviour? From what I read, your mistreatment is just an opinion.

            I have twice worked at gigs where permies abused contractors. Once threatening violence and once kicking their desk. In both cases the contractor was terminated.

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              #16
              Originally posted by BrilloPad View Post
              No you cannot. Even as a permanent they can do almost what they like for 2 years.
              Not true.

              You can use the Protection from Harassment Act in employment/business situations like other civil situations.

              Plus there is no 2 year time limit to make a claim of discrimination using a protected characteristic in the Equality Act in an employment situation. I've heard of female contractors using the sex discrimination part to get a payout when they have been given the boot early due to being pregnant. As a result one client I had let another female contractor first extend her contract, then come back within a month of giving birth. Her baby was looked after by its father and grandmother.


              Originally posted by BrilloPad View Post
              Unless you have concrete proof of blatant illegal behaviour? From what I read, your mistreatment is just an opinion.
              That's how these cases are fought. They are a case of one person said this while the other person said that. If any party has any evidence e.g. documents, emails that back that up what was said then their side of the case is stronger.

              Originally posted by BrilloPad View Post
              I have twice worked at gigs where permies abused contractors. Once threatening violence and once kicking their desk. In both cases the contractor was terminated.
              They clearly weren't bothered enough to take a stand and to knock the permies out.
              "You’re just a bad memory who doesn’t know when to go away" JR

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