Monday, December 16, 2024 - A woman has won a £36,000 payout after being 's3xually harassed' at a work Christmas party.
According to Mail Online, Fernanda Hermosilla claimed that
she was subjected to 'unwanted and inappropriate physical contact' by a
colleague at the staff dinner in December 2022.
Another colleague who witnessed the incident lodged a formal
complaint, prompting her employer, the Northern Ireland Human Rights
Commission to investigate.
During the probe, Ms Hermosilla told her employer about an
earlier incident of allegedly inappropriate touching by the same colleague at a
non-work event at a Belfast nightclub.
Ms Hermosilla said she had been very upset following that
night out 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 her colleague, which she found very difficult. She has now
settled the case against the colleague for £21,000 and against her employer for
£15,000.
After netting the payout, Ms Hermosilla has 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, but was then advised that they would be returning to their role -
something she found '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.
Ms Hermosilla said she had gone through 'a very difficult
time' but 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.'
The cases were settled without admission of liability.
Geraldine McGahey, chief commissioner, of the 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.'
The Equality Commission for Northern Ireland - which is
funded by public money - 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.'
It comes as Buckingham Palace launched a probe into an
'unofficial' boozy Christmas party that ended in a brawl at an All Bar One.
A female member of staff was allegedly arrested at a bar in
Victoria, central London, on Tuesday.
A spokesman said 'appropriate action' would be taken after
the Palace was made aware of the incident.
Royal staff were said to have gathered for drinks at the
Palace on Tuesday night, with around 50 making their way to Victoria Street to
carry on the festivities.
But a 24-year-old woman reported to be a housemaid allegedly
threw a punch at the manager of the bar.
She was also said to have hurled glasses around, despite
attempts to calm her down, and was arrested after police came to the bar.
A witness told The Sun: 'I've never seen one person get that
crazy during a night out. She was on another level.'
A Palace spokesperson said: 'We are aware of an incident
outside the workplace involving a number of Household staff who had previously
attended an early evening reception at the Palace.
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