Rape claim dismissal
Question
I've been sacked from my summer job at a hotel, because I claimed I had been raped. My boss just didn't believe me, even though it's true and the police are investigating. He accused me of being a hysterical liar before sacking me. As this was my fourth summer working for the hotel, what rights do I have to take action?
Answer
You've been through a tough time, but help is always out there. Just writing about this would've taken courage. Now you can build on this by working out the right course of action for you.
Generally, it's only possible to claim unfair dismissal if you have been working for your company for over a year. However, in your circumstances, it may be possible for you to make a claim. It could be argued that there is 'continuity of contract', because of the expectation that you would return to your job each summer. Generally, there is a deadline of 90 days from the date you were sacked to present the case to an Employment Tribunal.
Also, as you were working in a hotel when the rape occurred, the hotel had a "duty of care" towards you. This means, with specialist legal advice, you may be able to make a claim against the company for breach of contract. You may also be able to get some financial help to fight the case. To see if you are eligible you could use the legal aid calculator provided by CLSdirect . You may also want to contact the Health and Safety Executive (HSE) to find out if a case such as this is something they can deal with.
From what you have said, your boss's actions were inappropriate and you may want to take action for defamation. Just be aware that unless you have witnesses who are willing to support your version of events it would be his word against yours. In this view, you may want to consider contacting the Equal Opportunities Commission to see if they can support you in taking a case against him.
Above all, you need to take care of your emotional welfare. If you would like to speak to someone about what you've been through, you can call Rape and Sexual Abuse Support Centre (RASAC) on 08451 221 331. RASAC offers telephone support, referrals and counseling to anyone who has been through an ordeal such as yours, no matter how long ago.
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Question answered by CAB
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