sexual harrassment

CaptainCrunch

Hi,

A friend of mine in work has recently been brought up on charges of sexual harassment in work. He sent an email commenting on the way a girl looked, and the next day he had a meeting with HR.

The person whom he sent the mail to did not make a complaint, and even flirted back with him. He is going to get a written warning for this act. Me and most other people in the office feel it is HR flexing their muscles, and while they are in their right to do so, is this not as i would like to put it a load of B***ocks?

has this happened to any one else? What should he do? Any thoughts on the subject?

thanks

DOLEMAN

The problem is most likely that he used the company e-mail system to send sexual type e-mails. They're covering their arses more than anything else... What if she decides to complain 6 months down the line saying HR knew about the e-mail but did nothing?

I can understand the companies situation.

CaptainCrunch

yes he did use the company's email system. that was obviously his first mistake. And I can understand it from his point of view too. But my understanding of the sexual harassment act, was that sexual harassment was when it was unwelcome. If she flirted back does that not throw sexual harassment out the window?

And we wonder why people get paranoid.

stevemac

what did she reply back to him?

was it through the same email system?

was it about the way he looked?

if so, get her fone on it as well, and see what hr say then

oulu

I would refuse to accept the warning ie dont sign anything, mention you are prepared to seek legal advice.It is not sexual harassment as she had no issue with it as she did not think she was harassed.He should get a letter stating the same and ask her to sign it.This could stick with him for a long time.He should say sorry for using company time and email by way of letter and keep a copy.But no way should he sign it as it could be held against him in the future.ie tell him to use hotmail next time or just ask her out

gerrycollins

even saying someones hair looked nice can now be seen as harrassment,

obviously the email is monitored with certain words triggering a filtering system to alert them to the email which they can read in full then,im only guessing im no nerd

as for the meeting he had with HR was he allowed to bring in a independant witness?the HR having one is for their back not your mates,if not so his rights were infringed and thus any further action is null and void,union involvement at this time

if they start again ,which they can, he may use his "victim" as a witness it would look great as a signature on the letter

if a written warning is to be issued it is to be done straight away and not a few days after this is HR been a load of crap,unless it is a matter of signage on the letter

as for the actual "crime" im sure the transmission of emails of a sexual nature is outlawed by company policy a matter which i feel would be instant dismissal not sexual harrassment(remember the 12 that some office fired and 2 on warnings)so i think that your mate is lucky,plus a time frame of 6 months is usually attached to these and it cannot under any circumstances be brought up ever again

but i think that at the first meeting his rights were infringed if he were not allowed a witness check it out and tell them they cant bully him