We've had a complaint of harassment from one female employee (A) against another female (B), following a work function. As far as we know, both employees are heterosexual. A asked B if she could stay at B's house following the function and B agreed. A also asked B if she could share B's bed (the spare bed had no sheets on). Both A and B were drunk. The following morning A accused B of having made a sexual advances in the middle of the night. B says she cannot recall the incident and seems genuinely upset and embarrassed about the situation. Employee A didn't raise the complaint for five days but has now issued a written grievance. We have suspended B and A has been signed off work with stress. Some senior managers are of the view that we have no alternative but to dismiss B.
Posted in : First Tuesday Q&A NI on 4 May 2010
Arthur Cox
Arthur Cox
Even though this happened after a work night out (paid for by the company), this allegation happened in B's home and I don't feel that this should be handled as a work dispute. If A is serious about her allegations, I think she should have reported it to the police. Have you any ideas about how we should handle the situation?
I don't envy you having to deal with this. It is a very delicate situation and I have some sympathy with your reaction that this should not be dealt with as a work-related matter.
The key issue here is whether you as an employer could be considered to be vicariously liable for B's alleged actions. For the purposes of discrimination legislation, anything done by a
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Arthur Cox
Arthur Cox
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