Sexual harassment in the workplace

Thirty years after the passage of the Sex Discrimination Order, sexual harassment remains a problem in Northern Ireland. Eileen Lavery, Head of Strategic Enforcement at the Equality Commission highlights this continuing reality and gives some recent examples of settlements achieved for women who have endured such treatment in their workplace.

It is a fact that, despite great improvements in practices, behaviour and attitudes in the workplace, some people are still singled out by colleagues and managers for totally inappropriate treatment which amounts to sexual harassment. Employers are culpable where they either do not have effective policies in place to protect their staff from this kind of treatment, or where they fail to make sure that such policies are known and adhered to. But cases involving sexual harassment can also have consequences for the people directly responsible. In a number of cases resolved recently, individuals have had to contribute personally to the settlement of complaints which alleged misconduct on their part.

One such case involved Shauna Grieve, a student at the University of Ulster who was on work placement at the firm of Northern Ireland Seafoods Ltd. She alleges that she was sexually harassed during her work placement by a manager at the firm, Denis Law. Cases brought against the company, the University and Mr Law were settled with Ms Grieve receiving a total of £13,000.

NI Seafoods Ltd paid Ms Grieve the sum of £7, 000 without admission of liability. They accepted that their practices and procedures were deficient and fell short of their legal requirements. The company expressed regret for the significant injury to her feelings, hurt and distress caused and apologised for the failure to provide her with a working environment where she was not subject to harassment on grounds of sex. The company also affirmed its commitment to equality in employment and to safeguard the rights of all employees to work without intimidation or harassment.

The University of Ulster agreed to pay Ms Grieve the sum of £5,000 without admission of liability, and affirmed its commitment to safeguarding the rights of all students to undertake placements without intimidation or harassment. Both the University and the company undertook to liaise with the Equality Commission to review and develop their policies and procedures.

Mr Law agreed to pay Ms Grieve £1,000 in consideration of legal expenses, without an admission of liability.

In another sequence of cases, three female part-time reserve constables at Greyabbey Police Station have received a total of £17,250 as a result of settlements arising from complaints to the Industrial Tribunal. The female officers complained about the alleged making of a video of them carrying out fitness tests and their completion of fake health questionnaires. They allege that they were told these were officially required but subsequently discovered that the tests had not been officially authorised and were not genuine. They allege that the video was subsequently shown to other officers at Newtownards Police Station.

The cases brought by the three constables were settled with a male sergeant agreeing to pay each woman £2,750 and accepting that the acts described in their applications to the Industrial Tribunal constituted unlawful sexual harassment

Cases brought by these three constables against the Chief Constable were also settled with a payment of £3,000 to each of the women, an acceptance that the cases were brought in good faith, and a reaffirmation of a commitment to safeguarding the rights of all workers to work without fear, intimidation or harassment.

A separate case was resolved in favour of another constable in the PSNI who brought a complaint alleging sexual harassment against her superior officer, a male sergeant. She alleged he made sexual advances towards her, made suggestive remarks to her and treated her less favourably at work. The male sergeant settled the case against him with a payment of £6,500 to the constable and acknowledged that past conduct on his part amounted to less favourable treatment under the Sex Discrimination Order. He also expressed regret for any upset, distress or anxiety caused to her.

In another case, Brigid Gormley, who was employed as a schoolteacher at St Davog’s Primary School in Fermanagh, alleged that an incident of harassment occurred outside school involving the Chairman of the Board of Governors, Fr Ben Hughes, and that she was subsequently treated less favourably than other teachers in the school by Fr Hughes. She alleges that she was treated in a hostile fashion and transferred to a different class against her wishes.

The case was settled for a sum of £6,500 to be paid by Fr Hughes. He also expressed his regret for any distress and upset caused and agreed to attend an equality awareness course prior to the discharge of any further duties as Chairman of the Board of Governors.

No employer can ever completely eliminate the possibility of incidents of harassment. What they can do is ensure that they have firm effective polices in place, that staff are aware of them and trained in their application, and that they are consistently applied. Where harassment is allowed to occur it damages morale and working relationships, and the reputation of the business concerned. It also inflicts great stress and hurt on those who are victims of it. Those who have the courage to challenge harassment and help make those who perpetrate it accountable, drive home its unacceptability and help change working conditions for everyone.

The Equality Commission has established a new contact line for anyone who feels they may have suffered discrimination. You can contact the Commission for free and confidential advice on 028 9089 0890 or on Textphone 028 9050 0589.