BBC News has reported that a woman who said she felt unsafe in the workplace after being sexually harassed at a Christmas party has been awarded £18,857.18 in compensation.
Background
Shirley Lyons, 60, worked for Starplan, a furniture company in Portadown, County Armagh, Northern Ireland as a designer and sales consultant. Ms Lyons was the only female employee to attend the business’s Christmas party in December 2017. She claimed a colleague had touched her bottom and hugged her from behind without her consent as well as making comments relating to her breasts.
She was successful in Tribunal proceedings.
Ms Lyons informed BBC News that she was “still in bewilderment” and “totally disgusted” by her colleague’s action and behaviour.
She said:
“I made it very clear before I left the restaurant that I was not happy, I was really angry.”
However, Starplan has since commented it regretted “any distress caused to Ms Lyons” and “Starplan vehemently opposes any form of harassment.”
Following the complaints about the incident, Ms Lyons said she felt her employer failed to protect her and she was victimised by a handful of colleagues. Ms Lyons said she felt physically sick of the thought of having to go to work and that she no longer felt safe.
Ms Lyons complained to her line manager and a grievance investigation was carried out, she later raised further allegations of victimisation against numerous colleagues stating she had been excluded, ignored, threatened and subjected to intimidating and abusive language and behaviour because of making the initial complaint.
She felt as though her manager failed to protect her from not only the harassment but the victimisation afterwards and that she had no option but to resign.
Ms Lyons told the BBC:
“I was threatened – I was totally isolated by the other ones. At times I thought it was so hopeless – I thought: ‘What on earth?’
Buy my strength came from I knew exactly what happened.
I lived it, I experienced it and that was the biggest thing for me – I could tell the truth and I would be standing by that.
I thought if this is the treatment they’re going to give me I’ll stand my ground, I will fight this.”
Employment Tribunal
An Employment Tribunal partially upheld Ms Lyons’s complaints of sexual harassment and victimisation. Her claim of unfair dismissal was also successful.
The Tribunal awarded Ms Lyons £18,857.18 in compensation. In making this award, the Tribunal criticised the employer for not putting in place “any guidelines or instruction for standards of behaviour and the consumption of alcohol for attendees” at the Christmas party and also because “the most senior person present was not formally delegated responsibility for supervising.”
Ms Lyons case was supported by the Equality Commission for Northern Ireland which said this case has highlighted an important lesson for employers.
Geraldine McGahey, Chief Commissioner, said, Ms Lyons’ employer should have taken reasonable steps to prevent victimisation occurring by colleagues after it became known that Ms Lyons had raised a grievance.
What should I be doing as an employer?
Social events, such as Christmas parties, can be a brilliant opportunity for your teams to socialise, as well as an opportunity for you to reward them for their service. That said, as an employer, it is vital to ensure reasonable steps are taken to minimise the potential for staff to engage in any unacceptable behaviours to avoid these sorts of situations from occurring.
The Tribunal noted in this case how the company had not ensured guidelines or instructions were put in place for standards of behaviour and the consumption of alcohol for employees.
Employers should think sensibly about the provision of alcohol and food at events as well as communicate expectations to staff and their managers.
The Statutory Code Of Practice For Employers produced by the Equality and Human Rights Commission can be a really useful reference document for employers.
How can we help?
Laura Kearsley is a Partner in our expert Employment Law team.
If you would like any advice concerning the subjects discussed in this article, please contact Laura or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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