Woman speaks out after winning sexual harassment case against Bank of Ireland
The Tribunal concluded that the sexual harassment was serious and repeatedly violated her dignity.
A woman who won her sexual harassment case against the Bank of Ireland can now tell her story as the anonymity order, which had prevented her from naming her employer, has been lifted.
Natasha McNicholl was sexually harassed by a male colleague nearly twice her age when she worked at the Bank in Belfast from 2015 to 2016.
Her case of sexual harassment was proved by an Industrial Tribunal in June 2019 and she was awarded £18,483.07.
The Tribunal concluded that the sexual harassment was serious and repeatedly violated her dignity and created an adverse working environment.
It concluded the man’s conduct towards Natasha was clearly in breach of the harassment policy of the Bank of Ireland and it was not convinced that the managers dealing with the incident had any relevant knowledge of the policy or had even read it.
The organisation accepted in evidence that training was inadequate.
In a statement the bank said it “fully accepts the decision made” following the industrial Tribunal and sincerely regrets what occurred.
It said: “We take allegations of harassment very seriously and this case, which took place in 2015, was totally unacceptable.
“We deeply regret that Ms McNicholl was subjected to this harassment, share her disappointment that it has taken so long to resolve and would like to sincerely apologise to her.
“We appointed an independent external investigator to look into the allegations following receipt of a complaint in 2016 and we note that the Tribunal was satisfied that the investigation carried out was thorough, detailed and comprehensive.
“We are focused on continuing to create a culture and work environment where all colleagues’ right to dignity at work is respected, with ‘zero tolerance’ for bullying, harassment or inappropriate behaviour.
“In support of this, we have introduced a range of initiatives, including mandatory ‘Dignity at Work’ training for all Managers and Staff, and increased awareness and understanding of policies which promote respect and dignity in the workplace and the expected behaviours of colleagues.
“Our ‘Speak Up’ policy encourages colleagues to raise any concerns about behaviours or practices which conflict with our culture and values.
“The measures we have implemented have put in place more robust protections for colleagues. We are committed to continually evolving and improving our policies and processes and ensuring colleagues are made aware of them to best protect our people.
“We also believe in full transparency and disclosure in such cases. We did not seek an anonymity order in this case, nor did we oppose the Equality Commission’s application to reveal relevant names.”
At work Natasha experienced inappropriate and unwanted behaviours which included invading her personal space, inappropriate comments about her personal life and looks, inappropriate conduct such as touching and pulling hair and ensuring that he left work at the same time as Natasha to be in the lift with her.
The man continued to subject her to sexual harassment even after she complained to management about his behaviour, and he had been told by the Bank not to have any further contact with her.
The man was suspended after concerns had been raised by Natasha about further sexual harassment.
While Natasha was happy with the finding of discrimination, she felt very strongly that it was wrong that the Tribunal anonymised its decision as she wished to be free to speak about the culture of tolerance towards the harassment of women in the workplace.
With the support of the Equality Commission she appealed the anonymisation order to the Court of Appeal.
In February 2020 the Court of Appeal directed the Tribunal to reconsider the anonymisation order and determine how the case should be reported and published.
Considering new Rules of Procedure which came into force in January 2020, the Tribunal decided that Natasha, the Bank of Ireland, and other persons named in the judgement could be named.
The Tribunal referred to the importance of open justice and the right to freedom of expression.
Natasha welcomed the Tribunal’s judgement. “This man subjected me and other female employees to sexual harassment.
“This whole experience has gone on for a very long time and has been tough for me and my family.
“But it was important to me that my voice was heard, and that what happened to me is not hidden under a cloak of anonymity.”
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