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05-Jul-2017 15:26

At that stage Mrs Geller had not been paid for the work she had done and was chasing for payment.In early July 2013 Mrs Geller became pregnant and told the respondent.

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By failing to carry out .a proper investigation the employers had subjected the employee to a detriment in that they had failed to give her the support that was required under their procedure and to take steps to ensure that she could be confident that her working environment would not expose her in future to a risk of similar conduct.The tribunal found that the employers had failed to deal promptly with C's allegations and that their initial reaction was assume that it was C's own fault that the incidents had taken place.The tribunal also found that the findings of the employers investigation, which was finally completed after a delay of nearly two years, lacked independence and demonstrated a bias in favour of the perpetrators of the alleged harassment.In September, the respondent accepted that Mrs Geller was an employee and she and Mr Geller were made redundant.

The tribunal concluded that Mrs Geller was self-employed because of the ad hoc nature of work and the fact that she submitted timesheets.Subsequently he had married Mrs Geller and in mid-January 2013 she began providing ad hoc services to the respondent on a self-employed basis.



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