£50k payout for woman sacked af ter rape report
A WOMAN who was sacked after she accused a colleague of rape has won a £50,000 payout.
Jan Cruickshank said she suffered three years of sexual harassment from the co-worker – culminating in him forcing himself upon her.
But when she complained to her bosses, they accused the married mother of three of lying.
Police said there was not enough evidence to bring rape charges, but Mrs Cruickshank was awarded a four-figure sum in criminal injuries compensation.
She ended up on sick leave and was later dismissed, with her former bosses offering a £15,000 settlement when she took them to an employment tribunal.
Mrs Cruickshank, 54, refused and continued her unfair dismissal case, securing a £50,0000 payout and apology.
She settled last month after her former employer, the Construction Industry Training Board (CITB), dropped demands she sign a confidentiality clause.
Mrs Cruickshank said: ‘I was sexually harassed for more than three years. I reported it, I reported him exposing himself to me and sending me a photo of his genitals. I reported being raped.
‘I was accused of lying. Yet his conduct was fine by CITB.’
Mrs Cruickshank, who has been married to her husband, Rob, for 36 years, said her colleague’s actions included sending an indecent picture and committing a sex act over the phone.
She said he raped her in a hotel room at a conference in the Highlands in March 2015.
Mrs Cruickshank said: ‘He wouldn’t listen. I was overwhelmed and I froze... I was so ashamed.’
She reported the rape and his sexual harassment. He told bosses they had been having an affair for three years and she was angry because he had ended things.
Minutes of grievance meetings kept by Mrs Cruickshank show her bosses accused her of lying.
One female manager even told her that ‘perhaps it was necessary to say no more than once’. Mrs Cruickshank, who was diagnosed with post-traumatic stress disorder, was eventually dismissed.
Lack of evidence meant her colleague was not charged with rape but the Criminal Injuries Compensation Authority found Mrs Cruickshank had endured a ‘serious sexual assault’ and she was awarded a four-figure sum. After almost a year of wrangling, the CITB agreed to drop the confidentiality clause, offered a written apology and made a payment, leaving her with £50,000 after tax.
Emma Black, general counsel for CITB, said: ‘CITB is committed to providing a safe working environment to all its employees, treating all genders equally.’