Woman settles case for £36k after "unwanted and inappropriate" physical contact at Christmas work dinner

A woman who experienced "unwanted and inappropriate physical contact" by a work colleague at a Northern Ireland Human Rights Commission Christmas work dinner, has settled a case of alleged sexual harassment.

Fernanda Hermosilla settled her case against a colleague for £21,000 and against her employer, the NI Human Rights Commission, for £15,000.

Ms Hermosilla, who was supported by the Equality Commission for Northern Ireland, attended a staff Christmas dinner in December 2022.

She said, during the evening, she experienced unwanted and inappropriate physical contact by a colleague, which was witnessed by other colleagues.

When she returned to work on Monday morning, she was informed by her employer that an investigation into events during that evening was being conducted after the colleague who had witnessed the incident made a formal complaint.

During the investigation, Ms Hermosilla said she advised her employer of an earlier incident of inappropriate touching, at a non-work event, that she said happened a few weeks before with the same colleague at a Belfast nightclub.

Ms Hermosilla said she had been very upset following that incident but had been reluctant to make a complaint because she was new to her role.

While the internal investigation was underway, Ms Hermosilla worked from the office and the colleague worked from home.

However, she claims that despite this she still worked remotely with this colleague, which she found very difficult.

Following the investigation, Ms Hermosilla said she believes her employer did not communicate clearly with her about either the outcome of the investigation or the disciplinary action taken.

She believed that the colleague would not be returning to work. She was then advised that they would be returning to their role. Ms Hermosilla has found the whole process and its outcome very upsetting and distressing.

Ms Hermosilla also advised her employer of comments made to her by the same colleague of a racial and political nature, which she also found to be inappropriate. This was also investigated by her employer.

The cases were settled without admission of liability.

Ms Hermosilla described "a very difficult time" but said she was glad she "took a stand".

"I did not want or ask for any of this. I was excited to move to Belfast to start a new job and advance my career. This has been a very stressful experience," she said.

"But I'm glad that I took a stand. Everyone must know what unacceptable behaviour is and what I experienced was wrong.

"I want other women to know that they don't have to accept this type of behaviour in the office or at work parties and that they should always expect to be supported appropriately by their employer.

"I'm glad my case is resolved and now I want to put this behind me and move on with my life."

Geraldine McGahey, chief commissioner, Equality Commission for Northern Ireland, said employers must ensure the safety and dignity of staff at Christmas parties.

"We are currently in the middle of the Christmas party season. We know that staff parties and outings are important for team building and for recognition and reward, but employers must ensure that everyone attending is safe and that their dignity is respected," she said.

"Employers must ensure that all staff are fully aware of the standard of behaviour that is expected of them.

"Employees should also be aware of the consequences of their actions should they behave inappropriately at a staff Christmas party or outing as these are an extension of the workplace."

In a statement, the Equality Commission for Northern Ireland said: "In settling its case, the Northern Ireland Human Rights Commission has acknowledged that Ms Hermosilla is a valued employee and further acknowledges the significant upset and distress she felt as a result of being subject to harassment by a colleague.

"Furthermore, it has affirmed its strong commitment to the principle of equality of opportunity in employment and will liaise with ECNI to review its equal opportunities and dignity at work policies.

"The colleague has apologised for any upset caused. As part of the settlement terms, Ms Hermosilla and the colleague have agreed to put the matters behind them and to work together going forward on an ongoing basis including in face-to-face settings as necessary. They agreed that mediation was not appropriate."