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A Northern Irish woman who raised a complaint of “unwanted and inappropriate physical contact” by a colleague during a Christmas party has agreed to £36,000 in settlements. Fernanda Hermosilla started legal proceedings after a meal for staff in December 2022 at which the incident occurred. Although the employer investigated and another colleague reported it, Hermosilla was disciplined whilst still having to work remotely alongside the accused. The accused has offered an apology for “any upset caused”, while the settlement came without admission of liability.
The Northern Ireland Human Rights Commission, Hermosilla’s employer, acknowledged the “significant upset and distress” she felt after the harassment and said it would work with the Equality Commission. It promised to review equal employment opportunities and workplace dignity policies, regardless of the cases having been settled without admission of liability. During the investigation, Hermosilla spoke about a previous incident of inappropriate touching with the same colleague.
Geraldine McGahey, Equality Commission chief commissioner, commented on the issue, noting that the case underscored the importance of employers protecting staff’s safety and dignity at company events. Employers should have policies and procedures, as well as timely reminders, she said. Hermosilla has agreed to the settlement, stating that she wanted to be able to settle into work comfortably and did not want this experience to dominate her time in Belfast.
As part of the settlement, both Hermosilla and the accused have committed to working together again and putting any animosity behind them. No mediation was required.
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