Q&A Rejecting my boss’s advances seems to have lost me 4 chances of promotion

Q:      I have worked for my current employer for almost twelve years and believe I have done my job well. However, I have just been overlooked for promotion for the fourth time in two years and I believe it is because my director made personal advances towards me that I rejected. At the time I was very upset as the advances were tantamount to sexual harassment, but I didn’t tell anyone as I found it embarrassing and believed a complaint might be held against me. I don’t want to change jobs as I enjoy the work. Also, whilst it may be easier to just leave, I don’t see why I should be pushed out for not complying at a personal level. But I honestly don’t know what to do about the situation and would be grateful for advice.

A:       The key is whether you have any evidence to back up what happened with your director. It would also help if you have work records, such as appraisals, that could demonstrate your performance has been in line with the company’s promotion guidelines. With this kind of information in place there may be more than one approach to take in order to appease the situation and gain you compensation.

For example, if you had to resign due to a difficult or unpleasant work situation, you may be able to claim 'constructive dismissal' at an employment tribunal. Then there is the question of sexual harassment. Was your dignity violated? Were you put in a situation that created a hostile, degrading, humiliating or offensive environment? Harassment can also be indirect, for example you may have been the subject of malicious gossip.

Finally, if you could prove that you were deliberately overlooked for promotion for no better reason than you refused your boss’s advances, this could be classed as discrimination. You should make an appointment to see an employment solicitor as soon as possible to discuss your options.

This question has been answered by James Denton, a Solicitor with GHP Legal.  If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194 

James Denton

James Denton

Solicitor

Part of our Civil Litigation and Dispute Resolution team in Oswestry and Wrexham