Woman receives £36,000 in settlements following Christmas party harassment complaint

Fernanda Hermosilla, an employee of the Northern Ireland Human Rights Commission, has accepted total settlements of £36,000 after reporting “unwanted and inappropriate physical contact” from a colleague at a Christmas party. Ms. Hermosilla initiated legal proceedings after the commission’s staff dinner in December 2022. The commission launched an investigation into the matter after another colleague, who witnessed the incident, filed a formal complaint. However, Ms. Hermosilla expressed dissatisfaction with the handling of the disciplinary process, particularly as she was still required to collaborate remotely with the accused during the investigation. She reached a settlement of £21,000 with the colleague and an additional £15,000 settlement from her employer. These cases were resolved without any admission of liability. The Northern Ireland Human Rights Commission acknowledged Ms. Hermosilla’s significant upset and distress resulting from the harassment. The commission stated its dedication to ensuring equality of opportunity in employment and confirmed it would engage with the Equality Commission to review its policies on equal opportunities and dignity at work. The colleague involved has issued an apology for any distress caused. Ms. Hermosilla recounted that she was preparing to speak with another colleague when she “felt someone grabbing me from behind and pulling me, as if to make me sit on his lap.” She added, “I was mortified, I was so embarrassed because I didn’t know the people well at that stage, so it was so humiliating.” Upon her return to work, her employer informed her that an investigation had commenced after a colleague who witnessed the event submitted a formal complaint. During the investigation, Ms. Hermosilla informed her employer about a prior incident of inappropriate touching involving the same colleague, which had occurred a few weeks earlier at a non-work gathering in a Belfast nightclub. Ms. Hermosilla explained her initial reluctance to file a complaint, citing her newness to the role. She stated, “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 further expressed, “I really panicked.” Throughout the investigation, Ms. Hermosilla worked from the office while the colleague worked from home. Despite this arrangement, she reported that she still had to work remotely with this colleague, which she found extremely challenging. Following the investigation, Ms. Hermosilla stated her belief that her employer failed to communicate clearly with her regarding either the investigation’s outcome or the disciplinary measures taken. She had anticipated that the colleague would not return to work, but he was reinstated. She commented, “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.” Ms. Hermosilla also informed her employer that the same colleague had made comments of a racial and political nature towards her, which she deemed inappropriate. This matter was also investigated by her employer. Geraldine McGahey, chief commissioner at the Equality Commission for Northern Ireland, highlighted that the case underscores the necessity for employers to guarantee the safety and dignity of their staff at Christmas parties. She emphasized, “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.” Ms. Hermosilla stated her motivation: “I never did it because of the money, I just wanted to be comfortable at work and be able to settle in.” She concluded, “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 agreement, Ms. Hermosilla and the colleague have consented to move past the incident and collaborate in the future, including face-to-face interactions if required. They also agreed that mediation was unnecessary.