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How To Sue For Sexual Harassment
Sexual harassment in the workplace is more commonly an issue which affects women rather than men but for both genders, it is unacceptable. If you have been a victim of harassment you may feel embarrassed and unsure about how to proceed. Do not let the individual who is effecting you make you feel small and remember you have every right to be upset if you are experiencing sexual harassment.
What Is Sexual Harassment?
Sexual harassment can be verbal, physical or non verbal. Whether you feel that you are being stared at in an inappropriate way, being explicitly propositioned or being sexually assaulted in the workplace you have every right to complain. Harassment does not need be multiple instances for it to be classified as such; one occasion of harassment is enough for it to be inappropriate. Every instance is different. For this reason do remember sometimes sexual harassment can be a grey area so make sure you confide in someone you trust so a third party can back up your claims if you need them to and keep a record of all the occurrences of harassment if you can. If the harassment occurs via email, text message and so on ensure you do not delete the messages. You may find it humiliating to keep explicit emails but it will all be hard evidence to support your case and show clearly that you are not reciprocating the behaviour.
How Do I Deal With Harassment?
Firstly, remember that the person may not realise the negative effect their actions are having on you. Talk to them directly. If you are concerned about their reaction ask an impartial colleague to attend the meeting for mediation purposes. Essentially this meeting will simply serve to highlight the issue as they may categorise different behaviour as offensive compared to you, in fact in some cases of harassment the harasser may have seen their actions as flattery rather than something untoward. However, do not let them be dismissive of you or your complaint. Feelings are feelings, and if you are uncomfortable in the workplace they should make moves to diffuse the situation regardless of their interpretation of the matter.
If approaching them directly does not work, you must take the matter further. If your company has specific procedures in place to deal with matters such as this you should make use of them. If you have not already notified your employer of the situation you should log an official complaint with them. Your employer should take the matter seriously and conduct a formal investigation into the matter. If you do not feel that you employer deals with the matter appropriately you then could consider legal action.
You should instruct a solicitor if you cannot resolve the matter with your employer. A harassment claim can be made against anyone; if you feel you have to leave your place of work due to the harassment it is possible to pursue legal action against your employer after you have moved on. You must make a claim within 3 months of the incident for it to be viable. There are laws protecting you from sexual harassment in the workplace for a reason so make full use of your legal rights. You can get brilliant support from the Citizen’s Advice Bureau and depending on your situation you may be able to apply for legal aid to support your claim or get a lawyer provided to you by your trade union.
Get in touch with a specialist employment solicitor today if you have experienced sexual harassment in the workplace and you feel it was not dealt with properly by your employer. Claiming with a specialist lawyer will give you the best chance of being paid the damages you deserve. If your solicitor cannot get your employer to pay you what you deserve your final port of call is an independent employment tribunal. If your legal case is at a standstill you can apply to take your case to an employment tribunal. The form you need is an ‘Employment tribunals claim form’ and this is easily downloadable from the government justice website. Again you must take your case to tribunal rapidly for it to be considered. So to protect others from becoming victim to the same harassment you were and to be receive compensation for the failure of your employer to protect you in the workplace you should contact a legal professional today.
How Can 1st Claims Help You?
At 1st Claims we can help you find the perfect solicitor for you, we offer a completely free, no obligation enquiry service as we understand you may not understand the position you are in in the eyes of the law. We will talk you through your options and will explain what steps you need to take and whether or not you are likely to be successful if you take your case to court. 1st Claims will give you the legal support you need at this difficult time, our aim is to ensure that the law is accessible for everyone as litigation can be complex and we wish to relieve you of any extra stresses and strains. We will find the perfect solicitor for you and help you along every step of the way.
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- Advice on whether you can make a claim and how the claims process works from a specialist claims solicitor;
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- Costs - whether you will qualify for a no win no fee claim or details of other methods for funding your claim; and
- An explanation of what will happen next if you decide to carry on and make a claim (how your solicitor will take care of everything for you).
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