- August 5, 2023
- Posted by: legaleseblogger
- Category: Related News
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Heading: Unwanted Solicitation: Navigating the Dilemma and Seeking Solutions in the Workplace
Introduction:
In a recent conversation with my manager, discussing office matters through text, an unexpected and inappropriate request unfolded. Out of the blue, my manager asked me if I would be willing to provide them with “private pictures” of my partner and me in exchange for money. Shocked and taken aback, I firmly declined their proposition. However, given the recurrence of similar incidents with other colleagues in the past, it raises concerns about the potential for others to face similar situations.
Instance Elaboration:
The distressing incident in question transpired during an ordinary conversation with my manager. While discussing office-related matters, their sudden proposition for explicit photographs compelled me to respond with a resolute refusal. Nevertheless, the situation has left me wondering about the appropriate course of action to take to ensure that this incident does not go unnoticed or happen again in the future.
The Prevalence of Similar Incidents:
Regrettably, my experience is not isolated, as there have been several accounts of similar encounters involving other members of staff in the past. These incidents indicate a recurring pattern of inappropriate behavior within the workplace, and it heightens the probability of others falling victim to similar solicitations. Thus, it becomes crucial to address this issue promptly to protect the well-being and professional integrity of all employees.
The Role of AI Legalese Decoder:
AI Legalese Decoder, an innovative tool in combating workplace misconduct, can remarkably assist in tackling situations like mine. This AI-powered technology possesses the capability to decipher complex legal jargon and provide individuals with guidance in understanding their rights and potential legal avenues regarding instances of harassment or inappropriate behavior. By utilizing AI Legalese Decoder, employees can empower themselves with the legal knowledge required to take appropriate action when faced with such situations.
Taking Further Action:
It is imperative not to dismiss or downplay the severity of the incident. To ensure a safe and respectful working environment, it is essential to report the occurrence to the appropriate authorities or the HR department within your organization. Providing a detailed account of the conversation, including relevant timestamps and any evidence, such as screenshots, will help substantiate your case. AI Legalese Decoder can also guide you through the process, giving you insights into your rights and how to approach the situation more confidently.
Creating Awareness and Preventing Future Incidents:
Addressing and resolving this issue is not limited to seeking justice for oneself. By reporting such incidents, individuals play an integral role in creating awareness within the organization. By shedding light on the prevalence of this behavior, measures can be implemented to prevent its recurrence. Encouraging open dialogue, providing sensitivity training, and establishing a zero-tolerance policy against harassment will contribute significantly to fostering a safe and inclusive workplace environment.
Conclusion:
In the face of an unwarranted proposition made by a manager, it is crucial to understand that you have the right to take further action. Utilizing resources like the AI Legalese Decoder can empower you with the necessary knowledge to navigate this difficult situation. By promptly reporting the incident, you not only protect yourself but contribute to fostering a work environment where such behavior is addressed and prevented.
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Introduction:
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****** just grabbed a
Just going to put this out there, simply because OP has been told three times already that this is a police matter:
It isnÔÇÖt.
IÔÇÖm not defending it, but this is not a crime.
This isn’t a criminal offence. It’s an HR issue for harassment.
Speak to ACAS. IÔÇÖd make a formal complain to HR (if you have HR). If the manager is not dismissed and you feel unable to work in the environment anymore (I certainly wouldnÔÇÖt) then that may be constructive dismissal. But thatÔÇÖs a long road and not for the faint hearted (which it doesnÔÇÖt sound like you are).
If you can get statements from others (even anonymously at this point) that would help.
Go to HR with the texts as evidence. They will take it further.
As everyone has said, inform HR. You might be able to brush it off but it could be a more vulnerable member of staff later down the line who agrees and ends up in some extortion plot.
This is 100% skeezy as. Take screenshots of the messages and report to HR – particularly if you have corroboration from others.
However, be conscious of the context of this question – if you were discussing anything “adult-themed” that would give plausible context to the question, be prepared for HR to brush it over if the manager is well connected / high performing.
IMO, not really worth taking up with the authorities / civil case as others have suggested – a single instance would be a dice roll on whether it’s ruled as harassment, and you’d be putting yourself through a whole pile of stress – not to mention career implications of you’re not past two years in employment or are in a role where a failed / “false” accusation may follow you in future employment etc.
Sad as it is to say, while it is gross behaviour and should be nipped in the bud where it is, you’ve also got to consider your own life / happiness in deciding whether to escalate.
Given the context (employer/employee relationship, no expectation whatsoever of a sexual relationship, have to work with this person every day) this sounds an awful lot like sexual harrassment, since a person is guilty of sexual harrassment if he:
>engages in unwanted conduct of a sexual nature
and this has the effect of
>violating [someone’s] dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment
~~This is a criminal offence so reportable to the police.~~
**Edit:** No, it’s not, I’m an idiot. It is covered by the Equality Act, so actionable as a civil offence (i.e. you could sue), but not by the police. (Harrassment more broadly is actionable by the police, however, so if the manager is engaging in a *course* of this conduct the police may still be able to pursue it as common-or-garden harrassment.)
I would recommend taking this without delay to HR and/or your manager’s boss, as even aside from the law this conduct is wholly unacceptable in a workplace environment and *especially* given the umbalanced power dynamic.
Back up the messages offline. Don’t let HR ‘see’ your phone.
This fits the definition of sexual harassment in Section 26(2) of the Equality Act. You could bring a claim for sexual harassment against the manager and the employer under Sections 40, 109 and 110 of the Equality Act 2010. If this has happened to other people then the employer is going to have a hard time showing that it took “all reasonable steps” to prevent the harassment occuring.
If you do want to take this further, do not delay. The time limit for a claim is 3 months. The Acas helpline can give you some guidance, and you will in any event need to go through Acas early conciliation before launching the claim in the employment tribunal.
If you don’t want to go through the hassle of a claim, report the matter to the Equality and Human Rights Commission. Their powers are about to be beefed-up when it comes to investigating employers for having a culture of sexual harassment at work, but they could already investigate under their current powers.
As if he’s interested in you forwarding his messages to HR
Does the long story part omitted not possibly alter the outcome/advice here? I feel it would clarify and give a lot more context.
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Yup. Report to the company, and the police. If you have a union, get them involved first. Do NOT work alone with this creep.
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NAL,
I think this is something you need to retain evidence of and go to HR, and the most senior person you can access within the company – preferably owner / director. Screenshots are your best friend, in case you are using a text app that allows message deletion.
This person is behaving in a predatory way with his juniors (in this case – you). You have been strong enough to say a firm no, and that’s great – but others may not have the same strength of mind as you do, and may give in to his requests out of fear/ambition/whatever. If you do nothing, then you condemn other members of staff in your office to the same treatment.
Any senior management worth their salt will see this as gross misconduct and dismiss your boss.
As a manager myself, I can tolerate a lot from those working for me, mistakes, rudeness, (mild) incompetence. But making (completely out of normal context) sexual advances to more junior members of staff is absolutely unacceptable.
This isn’t criminal or harassment.
For it to be harassment, the behaviour has to continue past the point of you saying no. If he made a request and you said no, and he left it. Then that’s fine with the law and HR.
NAL.
Worth reporting to the police in the event you are going to HR. Police will likely advise they canÔÇÖt do anything but at least there is a record. Should the manager then escalate against OP after going to HR, there is already a record of this guy in the system.
Just to say HR is there to protect the business, they are not your friend. The manager was out of line. What is his value to the business compared to yours? How long have you been there? If over 2 years it is slightly more difficult to get rid of you.. if under, they could say its not working out, bye!
I think the manager should get some comeuppance, however you need to look at how secure you are in your job.
If you don’t need it or have another to go to, file the complaint and see what happens
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A. depending on where you are in the UK its a yes no for criminal, England if you did transmit porn, yes
B.Def get a solicitor and email a copy of the chat and screenshots to a solicitor.
C.once you’ve seen a solicitor ask about suing the company.
D. Depending on what the Solicitor says to the above, send the story to the press. Sex pests like these rarely stop.
OP youÔÇÖll want hard evidence of this happening. Next time youÔÇÖre at work, wear a discreet audio recording device and ask to speak to the manager in private. Openly say that youÔÇÖve declined their proposition, and that theyÔÇÖre not to ask you again under any circumstances.
Any thing that has them admitting that they asked you is absolutely fantastic.
Do not go to HR without first preparing yourself. They will not just fire a guy based on your word. If anything, they will take the measures necessary to shut you up. TheyÔÇÖd rather fire the guy with zero outrage socially than without.
Comb through the employee policy, there will be sections about gross misconduct that you can press on that will definitely be grounds for dismissal.
In any physical meetings, always bring a union rep or a friend/husband as backup. When they have these meetings and itÔÇÖs a 2vs1 itÔÇÖs easy to be overwhelmed.
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Ask other colleagues if they’ve had similar experience, make it common knowledge at the company and hopefully the manager will get wind of it and up and leave from embrassment.