I know this is a long time ago but it would have been great to hear what happened - my guess is a large cheque and an NDA. I would have thought the best approach was BOTH a personal injury claim for the damage from the assault if it is not time barred AND a grievance under employment law for constructive dismissal at the same time.
I'm baffled that she didn't go the police when she was sexually assaulted, but instead raised it with her Manager!? If you're sexually assaulted ANYWHERE, it is a matter for the Police, no exceptions.
That's a bit of a difference. I work in the private sector and if someone here sexually harassed a colleague they most definitely wouldn't be back the next day. And if a hiring manager who was aware of the situation tried to re-hire the same individual they also wouldn't have a job for long.
@@Hoozpoppin No, but having worked for several companies big enough to have an on-site HR department I'm quite aware of how protective of the company they tend to be. And hearing some of the stories that come out of the public sector I get the strong impression that things work differently there.
He wasnt hired back the next day it was three years later. He should have been in prison if he assaulted her. Are there not security cameras in hospital?
@@loc4725nhs seems absolutely to work differently the normal process for patients with a greivance is much different to if it happened elsewhere so probably the samme for staff.
Something doesnt sound right here. A man who is convicted of sexual assault, goes through CPS/courts, before convicted and then he is sent to jail. Did this assailant went to jail?and has a criminal conviction on his DBS?and is he still being employed by the same staff?doesnt make sense. Both man and woman seem to be bank staff.And NHS trust is bringing back someone convicted and losing another bank staff.Seems like there is more to this story.
What am I missing here ? Why if there is any evidence of a sexual assault isn’t the employer, union or police taking any interest ? It doesn’t make any sense, has the guy concerned been found guilty of anything or not ? If he was found to be guilty of any wrongdoing after the company or even the police investigated the claims he’d be sacked.
I feel the advice is unclear, it assumes the caller is an employee, the caller doesn't seem to be sure of her employment status. She said my contract states she is a bank worker (so potentially worker status in my view, unless she's been treated as an employee), so usually workers are not treated as employees and therefore grievance policies would not apply. However, the company should deal with it as complaint, investigate and take actions, so it does not mean the worker has no recourse and the company simply refuses to look into the matter, that is unacceptable. If she is a worker she won't be able to bring a claim for constructive dismissal as you need at least 2 years' service. She can bring claims of discrimination. That is my understanding. I believe Daniel provided the advice based on the fact the caller said believes she is an employee would give her more protections.
I agree exactly with what you’ve said. I think she doesn’t realise limitations of a bank worker… more pay at a higher risk. Does not excuse being assaulted but if they wernt dealing with it she should have gone to the police
She can bring claims as a worker. For psychological injury she would have to prove it, could bring claims for negligence and under H&S potentially. I agree the employment status should be discussed to be clearer , but this in itself is complex. I too think she can’t claim CD as she is a worker not an employee, but brach of contract could be an option. I am surprised he missed that though.
@@DorianGrayism that's not true, hence why he specifically asked if she is a bank employee or an agency employee. Bank shift workers are employed directly by the trust.
Bank workers dont have guaranteed hours. You tell the trust you work for when youre available, and if they need you, theyll pop you on the rota. If youre lucky, youll get sequential shifts on a ward you like working on, and the ward that likes you working there. Your shift can be cancelled without much notice. When i was a bank worker i wasnt a member of a union. There are just things here that dont ring true for me.
If she was sexually assaulted why didn't she get the police and instead of leaving her job why not just speak to her manager and say you know what's happened can you keep this person away from me I think there must be more to this story ?????
Same reason people say they were fored cause of alleged racism. Allegations that dont involve the police have little to no evidence required. If there is anything that actually happened, you goto the police straight away.
I don't know why she didn't go to the police, but she did go to her manager and the perpetrator was removed three years ago. He's now been brought back.
Dear Sir, I'm autistic man with sensory difcultuys, a house near me is sqreaching a frequency wich hurting my ears and making me feel sick, they also vibrating the house, my difcultuys are its not effecting other people, all doors have been closed to me know one will help me, I'm slowly being killed, its on night and day when I'm home, i lived in this house for 50years, with my elderly parents, no one will help me, the perpetrators are getting away with a hate crime, the authorities say nothing is happening and I d never prove it and it's fantasy. 😢
Well if theres a noise or vibration you can record such a noise or vibrstion with a noise or vibration detector sensor. If it is a high pitched or low pitched noise some people may not hear it but it will be picked up by a sensor. You need to record when the noise is happening in a diary and record it. Noise violation has to be above a certain decibel. If it is not above a certain level and is just a small noise that aggrevates you then its your problem. I have had ear issues and my hearing is very sensitive so i sympathise as it can be painful and mind and mood altering disorientating etc. But unless theyre making an unreasonable noise theres not a lot you can do. Presumably it may be a humming from a washing machine or sometimes i hear those untrasonic mice plugs ...those would be reasonable to be allowed. Hypersensitivity is unfortunately not something that can be accomadated by opressing others rights to make noise because if we stopped people doing anything that causes others distress we would stop a lot of things. I find traffic very distressing but i cant ban others from driving cars. It could also be some people find birds very annoying and we cant just kill all the birds for that one guy. You could try if its high pitched to get professional actively noise cancelling headphones. If its low pitched you might be able to set up a counter tone that nulls the vibrstion by creating an opposite vibration. Each of which nulls the other out. If its coming through floor boards etc you can also get some sound proofing in your home which willd eflect the sound. Good luck.
No way I would be bullied or scared out of a job. I would kick them in the gonads if they tried anything, plus I would publicly warn everyone in front of them of what they did and are capable of. In fact, I did that on a night out on a table full of female friends, when a local guy and a friend of my parents who had flashed at me as a 12 year old on more than one occasion, was told in no uncertain terms what a creep he was and if he came anywhere near me would be knocked out. And why did this woman complain to a line manager? Why didn’t she ring the police.
It may not have been a crime he may have just been not appropriate ... you kicked a guy in the balls at a pub. Shes not going to do that at work. And she would be comitting an actual crime for which she could be fired with no compensation and arrested and put in prison for. So that would be fairly stupid. We dont know what he did but we do know the hospital messed up dealing with whatever he did.
Because she's an opportunist looking for an easy pay day and playing the system accordingly. A society in which women have been encouraged to undertake this type of cynical work dodging behaviour is to blame
@@dolomiti850have you heard of libel laws? You have zero proof and you are making a statement of "fact". I'd delete that and try to behave better in future...
She said she didn't leave her position of her own accord, or words to that effect, but she did. If she was sexually assaulted, she needs to go the police and the courts will interrogate the evidence, find fact from fiction, and if it happened, he will be sentenced. Reporting something and then leaving your job in a huff isn't the correct process.
You are confusing criminal law with employment law. She has a slam dunk case against her employer if what she said here is accurate. They would not even bother to defend it once a lawyer has explained it to them.
No. I obviously don't know your details but I know enough about child welfare to know that if you have been denied access to your children there must be serious reasons for it. It is in fact quite difficult for one partner to deny access to another, something which was recently highlighted in a case when a mother failed to get a court to deny access to her abusive ex-husband who then killed the children in a murder suicide. If the courts have denied you access to your children it has nothing to with you being a man or working class but something to do with your character. Face up to it.
![I came up with an idea at work worth millions. Can I claim a share of the profits? [LBC Legal Hour]](http://i.ytimg.com/vi/D33R803FFPA/mqdefault.jpg)
![I came up with an idea at work worth millions. Can I claim a share of the profits? [LBC Legal Hour]](/img/tr.png)
![When can I insist on working from home? [LBC Legal Hour]](http://i.ytimg.com/vi/UCyyC3xSCC0/mqdefault.jpg)
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![I've been shamed and humiliated on social media. What can I do? [LBC Legal Hour]](/img/n.gif)
should have reported the assault to the police, and taken a solicitor or friend to the police station with you...
Terrible situation, this is why you should always know your rights and or have a union and never let a company bully you.
Unions are useless - they’re in the pockets of the employer especially within the civil service
How do you know this happened?
@adamgrimsley2900 How do you know any of this happened? This could be a simulation or you in a coma or delirious.
@@kelmanl4 I don't, there isn't a defined solution for hard solipsism but we dont need to go to that. So you dont know right?
The best advice I’ve ever been given; “You don’t have any rights, if you don’t know your rights”
I know this is a long time ago but it would have been great to hear what happened - my guess is a large cheque and an NDA. I would have thought the best approach was BOTH a personal injury claim for the damage from the assault if it is not time barred AND a grievance under employment law for constructive dismissal at the same time.
Go get em girl. Good luck .
I'm baffled that she didn't go the police when she was sexually assaulted, but instead raised it with her Manager!? If you're sexually assaulted ANYWHERE, it is a matter for the Police, no exceptions.
Because the police don't do sh!t
He probably looked at her boob, you know how silly people are these days
Shame, she has been badly treated. Shows the original complaint wasnt handled right or didn't go in her favour.
Remember we dont know the facts, only one side.
That's a bit of a difference. I work in the private sector and if someone here sexually harassed a colleague they most definitely wouldn't be back the next day. And if a hiring manager who was aware of the situation tried to re-hire the same individual they also wouldn't have a job for long.
Thats not entirely true. Ive worked in both sectors. Are you a member of HR by anychance..?
@@Hoozpoppin No, but having worked for several companies big enough to have an on-site HR department I'm quite aware of how protective of the company they tend to be. And hearing some of the stories that come out of the public sector I get the strong impression that things work differently there.
He wasnt hired back the next day it was three years later. He should have been in prison if he assaulted her. Are there not security cameras in hospital?
@@loc4725nhs seems absolutely to work differently the normal process for patients with a greivance is much different to if it happened elsewhere so probably the samme for staff.
@@loc4725 Yeh. The public sector is just better. In every facet.
Well handled daniel
Something doesnt sound right here.
A man who is convicted of sexual assault, goes through CPS/courts, before convicted and then he is sent to jail.
Did this assailant went to jail?and has a criminal conviction on his DBS?and is he still being employed by the same staff?doesnt make sense.
Both man and woman seem to be bank staff.And NHS trust is bringing back someone convicted and losing another bank staff.Seems like there is more to this story.
She didn’t say she went to the police.
Stop imagining the details and restrict yourself to what this woman actually said.
Sounds like it was all kept within the company. Can report the assualt to police now?
just wow
The claims process is dreadful.
I sometimes wonder if unions are just there to help the employers
They are definitely there to help employers. HMRC and DWP is awful for that, the union members are all chummy with senior management .
@@CEO786no, they aren't.
Isn't sexual assault police matter?
She didn't think so.
Seems like she regretted it after.
What am I missing here ? Why if there is any evidence of a sexual assault isn’t the employer, union or police taking any interest ? It doesn’t make any sense, has the guy concerned been found guilty of anything or not ? If he was found to be guilty of any wrongdoing after the company or even the police investigated the claims he’d be sacked.
It sounds like he was sacked but was rehired three years later.
Because she didn't go to the police.
Poor lady - why was the man not reported to the police ?
State of the victim blaming in these comments
I feel the advice is unclear, it assumes the caller is an employee, the caller doesn't seem to be sure of her employment status. She said my contract states she is a bank worker (so potentially worker status in my view, unless she's been treated as an employee), so usually workers are not treated as employees and therefore grievance policies would not apply. However, the company should deal with it as complaint, investigate and take actions, so it does not mean the worker has no recourse and the company simply refuses to look into the matter, that is unacceptable. If she is a worker she won't be able to bring a claim for constructive dismissal as you need at least 2 years' service. She can bring claims of discrimination. That is my understanding. I believe Daniel provided the advice based on the fact the caller said believes she is an employee would give her more protections.
Agreed. My understand is that a bank employee is an independent contractor.
I agree exactly with what you’ve said. I think she doesn’t realise limitations of a bank worker… more pay at a higher risk. Does not excuse being assaulted but if they wernt dealing with it she should have gone to the police
She can bring claims as a worker. For psychological injury she would have to prove it, could bring claims for negligence and under H&S potentially. I agree the employment status should be discussed to be clearer , but this in itself is complex. I too think she can’t claim CD as she is a worker not an employee, but brach of contract could be an option. I am surprised he missed that though.
@@DorianGrayism that's not true, hence why he specifically asked if she is a bank employee or an agency employee. Bank shift workers are employed directly by the trust.
Correct. It seems some people online have no idea what they are talking about (and seem unable to comprehend simple facts).
Bank workers dont have guaranteed hours. You tell the trust you work for when youre available, and if they need you, theyll pop you on the rota. If youre lucky, youll get sequential shifts on a ward you like working on, and the ward that likes you working there. Your shift can be cancelled without much notice. When i was a bank worker i wasnt a member of a union. There are just things here that dont ring true for me.
Being on a zero-hours contract doesn't stop you submitting a grievance. That was a very strange claim...
If she was sexually assaulted why didn't she get the police and instead of leaving her job why not just speak to her manager and say you know what's happened can you keep this person away from me I think there must be more to this story ?????
Same reason people say they were fored cause of alleged racism. Allegations that dont involve the police have little to no evidence required. If there is anything that actually happened, you goto the police straight away.
I don't know why she didn't go to the police, but she did go to her manager and the perpetrator was removed three years ago. He's now been brought back.
Dear Sir, I'm autistic man with sensory difcultuys, a house near me is sqreaching a frequency wich hurting my ears and making me feel sick, they also vibrating the house, my difcultuys are its not effecting other people, all doors have been closed to me know one will help me, I'm slowly being killed, its on night and day when I'm home, i lived in this house for 50years, with my elderly parents, no one will help me, the perpetrators are getting away with a hate crime, the authorities say nothing is happening and I d never prove it and it's fantasy. 😢
Well if theres a noise or vibration you can record such a noise or vibrstion with a noise or vibration detector sensor. If it is a high pitched or low pitched noise some people may not hear it but it will be picked up by a sensor. You need to record when the noise is happening in a diary and record it. Noise violation has to be above a certain decibel. If it is not above a certain level and is just a small noise that aggrevates you then its your problem. I have had ear issues and my hearing is very sensitive so i sympathise as it can be painful and mind and mood altering disorientating etc. But unless theyre making an unreasonable noise theres not a lot you can do. Presumably it may be a humming from a washing machine or sometimes i hear those untrasonic mice plugs ...those would be reasonable to be allowed. Hypersensitivity is unfortunately not something that can be accomadated by opressing others rights to make noise because if we stopped people doing anything that causes others distress we would stop a lot of things. I find traffic very distressing but i cant ban others from driving cars. It could also be some people find birds very annoying and we cant just kill all the birds for that one guy. You could try if its high pitched to get professional actively noise cancelling headphones. If its low pitched you might be able to set up a counter tone that nulls the vibrstion by creating an opposite vibration. Each of which nulls the other out. If its coming through floor boards etc you can also get some sound proofing in your home which willd eflect the sound. Good luck.
Thank you
Move.
Is it weird, or perhaps typical, that a male lawyer would downgrade a sexual assault to a "harassment"?
Ah this is where bank work gets you. She signed up knowing the limitations and the increase in pay…I would have reported to the police
No way I would be bullied or scared out of a job. I would kick them in the gonads if they tried anything, plus I would publicly warn everyone in front of them of what they did and are capable of. In fact, I did that on a night out on a table full of female friends, when a local guy and a friend of my parents who had flashed at me as a 12 year old on more than one occasion, was told in no uncertain terms what a creep he was and if he came anywhere near me would be knocked out. And why did this woman complain to a line manager? Why didn’t she ring the police.
It may not have been a crime he may have just been not appropriate ... you kicked a guy in the balls at a pub. Shes not going to do that at work. And she would be comitting an actual crime for which she could be fired with no compensation and arrested and put in prison for. So that would be fairly stupid. We dont know what he did but we do know the hospital messed up dealing with whatever he did.
Because she's an opportunist looking for an easy pay day and playing the system accordingly. A society in which women have been encouraged to undertake this type of cynical work dodging behaviour is to blame
@@dolomiti850have you heard of libel laws? You have zero proof and you are making a statement of "fact". I'd delete that and try to behave better in future...
She said she didn't leave her position of her own accord, or words to that effect, but she did. If she was sexually assaulted, she needs to go the police and the courts will interrogate the evidence, find fact from fiction, and if it happened, he will be sentenced. Reporting something and then leaving your job in a huff isn't the correct process.
You are confusing criminal law with employment law.
She has a slam dunk case against her employer if what she said here is accurate. They would not even bother to defend it once a lawyer has explained it to them.
I was denied seeing my children .. as a working class man .. because of the bias against men in the family court system
Cant imagine mate, hope its all sorted now!
Well done to the court system ❤
No. I obviously don't know your details but I know enough about child welfare to know that if you have been denied access to your children there must be serious reasons for it. It is in fact quite difficult for one partner to deny access to another, something which was recently highlighted in a case when a mother failed to get a court to deny access to her abusive ex-husband who then killed the children in a murder suicide. If the courts have denied you access to your children it has nothing to with you being a man or working class but something to do with your character. Face up to it.