Malicious vs false allegations of sexual harassment within the workplace.
Olivia Broderick
Executive PA @ stopsexualmisconduct.co.uk | Stop Sexual Misconduct
In the past year we have seen an avalanche of sexual harassment workplace claims, by far the biggest is the McDonald’s scandal. Nonetheless over my 34-year career investigating several hundred sexual misconduct claims, I’ve seen my fair share of malicious and false allegations.
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So, what’s the difference and how can we weed out, whether true, false, or malicious.
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Let’s start with malicious: supervisor wants the position of manager and lets it be known within her realm she will stop at nothing to get the position. Claims not only did he (the current manager) sexually harass her but goes further by claiming rape. Bar manager suspended and arrested. 6 weeks pass. In short medical evidence proves he has an erectile dysfunction (spanning 12 years prior), witness statements from other employees’ prove at no time was there any form of sexual harassment (short version) supervisor dismissed, later charged with making a false statement.
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False allegation: made in good faith by a witness, heard something (did not see it) and reported it to a manager, after an in-depth investigation witness did not hear both ends of the conversation, turned out they were watching a YouTube video.
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True allegation: constantly texting rude imagines and making lurid comments, complainant told other party to stop repeatedly (by way of text) and then confronted the accused, but the comments kept coming and later recorded the conversation of which both ends could be heard. Outcome – accused - instant dismissal after a thorough investigation.
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After inspecting the facts proof needs to be appreciated and what are the recommendations, which need to be prepared. Evidence, which comprise accounts of behaviour, messages & e-mails, should not be taken out of their framework, but considered contextually. The situation that led to such proof needs to be appreciated and correlated appropriately to the matter at hand so that its context can be comprehended.
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Under the new Worker Protection Act all staff from the bottom up need to be trained, more importantly the employer needs to generate alertness amongst its employees regarding the penalty of making a malicious complaint. Leaders need to be appropriately trained about the dissimilarity between complaints, which are not proven, and complaints which fall under the class of being malicious.
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Albeit it is now law, to prevent future incidents that may give rise to serious reputational damage and significant losses, organisations should work with specialist experts who deal solely with sexual harassment to review their Policies and Procedures along with recognised accredited awareness training, after all prevention is better than cure.
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Stephen Cooper
Managing Director
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Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. ?stopsexualmisconduct.co.uk 2023.
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