The claimant worked for The Northern Ireland Human Rights Commission and complained of “unwanted and inappropriate physical contact” from a colleague during the staff Christmas party in December 2022. The same colleague was also alleged to have made inappropriate comments of a racial and political nature.
During the investigation, the employee also informed her employer of a previous incident of inappropriate touching from the same colleague at a non-work event, and said that she had been reluctant to make a complaint at the time due to her being new to her role and in fear of reprisals.
The claimant was not satisfied with how the investigation was conducted, and in particular that she had had to continue working with the colleague in question during the process. She also argued that her employer did not clearly communicate the outcome of the investigation, and she was unhappy with the lack of disciplinary action taken against her colleague.
The claimant reached a settlement of £21,000 with the employee accused of harassment, and a further settlement of £15,000 with her employer. Both settlements were without admission of liability, but the Northern Ireland Human Rights Commission has acknowledged the significant upset and distress caused to the claimant and has said that it will review its equal opportunities and dignity at work policies.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024 and requires employers to take ‘reasonable’ steps to prevent sexual harassment in the workplace. This case highlights the risks that social events, both inside and outside of work, can present. It also illustrates the fact that claims of harassment can be brought against individual employees directly, as well as against their employer, something of which many people are unaware.
It is important to have robust policies in place to appropriately address unwanted conduct. Communicate clearly what is acceptable behaviour in the workplace, including work events, and remind employees of the consequences for non-compliance.
If you’re an employer wanting to take steps to protect your organisation from receiving a sexual harassment claim, or are facing general employment issues which could result in litigation, please contact us on 01942 727200 or email enquiries@employeemanagement.co.uk for a confidential, no-obligation chat with one of our experienced consultants.