Woman awarded £36k after complaint

A woman who complained of “unwanted and inappropriate physical contact” by a colleague during a Christmas party has accepted settlements totalling £36,000.

Fernanda Hermosilla, who works for the Northern Ireland Human Rights Commission, began legal action after its staff dinner in December 2022.

The commission investigated the matter after another colleague, who witnessed the incident, lodged a formal complaint.

However Ms Hermosilla was not satisfied with how the disciplinary process was handled as she still had to work remotely with the accused during the investigation.

She settled her case against the colleague for £21,000 and accepted a further settlement of £15,000 from her employer.

The cases have been settled without admission of liability.

The Northern Ireland Human Rights Commission acknowledged that Ms Hermosilla felt significant upset and distress as a result of being harassed.

It said it was committed to equality of opportunity in employment and would liaise with the Equality Commission to review its its equal opportunities and dignity at work policies.

The colleague has apologised for any upset caused.

Ms Hermosilla said she was going to speak to another colleague when she “felt someone grabbing me from behind and pulling me, as if to make me sit on his lap”.

“I was mortified, I was so embarrassed because I didn’t know the people well at that stage, so it was so humiliating,” she said.

When she returned to work she was informed by her employer that an investigation was started after a colleague who had witnessed the incident made a formal complaint.

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

Ms Hermosilla said she had been reluctant to make a complaint because she was new to her role.

“I was on probation, I didn’t know this person. I thought he might make my life hard at work, that he might give me the silent treatment,” she said.

“I really panicked.”

During the investigation, Ms Hermosilla worked from the office and the colleague worked from home.

Despite this she said she still worked remotely with this colleague, which she found very difficult.

After the investigation, Ms Hermosilla said she believed her employer did not communicate clearly with her about either its outcome or the disciplinary action taken.

She believed the colleague would not be returning to work but he was brought back.

“I was shocked because I didn’t expect that. I thought he was gone; then out of the blue he’s coming back to the office. Then they [her employer] asked me what would make you comfortable at work and I just thought… how can I feel comfortable at work when this just happened,” she said.

Ms Hermosilla told her employer the same colleague had made comments to her of a racial and political nature, which she found to be inappropriate.

This was also investigated by her employer.

Geraldine McGahey, chief commissioner at the Equality Commission for Northern Ireland, said the case highlighted that employers needed to ensure the safety and dignity of staff at Christmas parties.

“Employers need to have the policy and procedures… they need to send out timely reminders because we’re in Christmas time, loads of social events, whether they’re organised through employers or through a group of colleagues, they are still work events. Everyone needs to know how to behave,” she said.

“I never did it because of the money, I just wanted to be comfortable at work and be able to settle in,” Ms Hermosilla said.

“I am happy that we can just move on because I do not want this to be my whole experience in Belfast.”

As part of the settlement, Ms Hermosilla and the colleague have agreed to put the matter behind them and work together going forward, including face-to-face if necessary.

They also agreed that mediation was not needed.