Northern Ireland

Woman settles staff Christmas event sexual harassment case

Fernanda Hermosilla reached a settlement worth £36,000

Fernanda Hermosilla has reached a settlement worth a total of £36,000
Fernanda Hermosilla has reached a settlement worth a total of £36,000

A woman has settled sexual harassment cases she brought against her employer and a colleague.

Fernanda Hermosilla reached a settlement worth £36,000 in cases against a colleague and the Northern Ireland Human Rights Commission (NIHRC).

The claims stemmed from incidents two years ago at a festive work event.

Ms Hermosilla attended a staff Christmas dinner in December 2022.

Over the course of the evening, she was subject to unwanted and inappropriate touching that was witnessed by other colleagues.

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When she returned to work on Monday, Ms Hermosilla was told a formal complaint had been made by a colleague who witnessed the incident and that an internal investigation was being launched.

She was unhappy about the probe’s eventual outcome and how it had been carried out, leading her to subsequently take a case against her employer.

The colleague in question also made comments of a racial and political nature, according to Ms Hermosilla, which she considered inappropriate and which were also investigated by her employer.

The Christmas dinner event came just a few weeks after another incident of alleged inappropriate touching at a Belfast nightclub which involved the same colleague.

Ms Hermosilla was upset by the lack of disciplinary action taken against her colleague, who has returned to work.

She also considers communication around the NIHRC’s investigation was poor.

The cases have now been settled without any admission of liability.

Ms Hermosilla said that, although the experience has been an ordeal, she hoped her case lays down a marker for unacceptable behaviour and highlights that support is available to women.

“It has been a very difficult time,” she said.

“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.

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

She added that she wanted other women to know that they don’t have to accept this type of behaviour in the office or at work parties.

As part of the settlement terms, Ms Hermosilla and the NIHRC colleague have agreed to work together going forward - including in face-to-face settings, as considered necessary.

The NIHRC says it acknowledges Ms Hermosilla’s distress, saying she is a valued employee.

It added that it will review its equal opportunities and dignity at work policies.

The Equality Commission supported the case.

Chief Commissioner Geraldine McGahey stressed that employers need to ensure the safety and dignity of their workers.

“We are currently in the middle of the Christmas party season,” she said.

“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.

“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.”