Bank of Ireland: Woman awarded £18k in sexual harassment case

A woman who was sexually harassed by a male colleague when she worked in the Bank of Ireland in Belfast has been awarded almost £18,500.

Natasha McNicholl, 31, won her case at an industrial tribunal in 2019, but an anonymisation order had prevented her or the employer being named, until now.

The tribunal concluded that the sexual harassment was serious and repeatedly violated her dignity.

The bank has apologised to Ms McNicholl and said it regretted what happened.

Ms McNicholl said it was important that her voice had been heard as she had not wanted what happened to her to be "hidden under a cloak of anonymity".

"This man subjected me and other female employees to sexual harassment," she said.

"The Bank of Ireland failed to protect me from sexual harassment. This whole experience has gone on for a very long time and has been tough for me and my family."

Ms McNicholl experienced inappropriate and unwanted behaviours from 2015 to 2016, including invasion of her personal space, inappropriate comments about her personal life and looks, and inappropriate conduct such as touching and pulling hair.

The man continued to subject her to sexual harassment even after she complained to management and was told by the bank not to have any further contact with her.

The tribunal was satisfied that there was an incident, when the man worked for Bank of Ireland in Bangor, County Down, of inappropriate behaviour towards a female member of staff in that office.

He was required to apologise to the woman at the time and no further action took place. It also heard evidence that another female employee also reported harassment by the same man in 2016 and other employees were aware of it.

The tribunal concluded his conduct towards Ms McNicholl was clearly in breach of the harassment policy of the Bank of Ireland and it was not convinced that the managers dealing with the incident had any relevant knowledge of the policy or had even read it.

The man was suspended after concerns had been raised by Ms McNicholl about further sexual harassment.

The Bank of Ireland accepted, in evidence, that training had been inadequate - mandatory "Dignity at Work" training only commenced in the year after the events.

With the support of the Equality Commission, Ms McNicholl appealed the anonymisation order and the tribunal subsequently decided that Ms McNicholl, the Bank of Ireland, and other persons named in the judgement could be named publicly.

The harasser and the other women who had experienced sexual harassment are not named.

Ms McNicholl was awarded £18,483 by the tribunal.

Geraldine McGahey, chief commissioner of the Equality Commission, said it took a "great deal of courage and perseverance" on Ms McNicholl's part to pursue the claim of sex discrimination and "to stick with it until she was free to speak out".

"This judgement clearly sets out the failings of the Bank of Ireland in relation to the training of employees and management in its own policies and their failure to keep accurate records," she said.

"This judgement though, is about more than the fact that sexual harassment occurred and how it was dealt with," she added.

"This is about considering and balancing the rights of everyone involved in how a case is reported."

In a statement, the Bank of Ireland said it fully accepted the decision adding that the harassment was "totally unacceptable".

"We deeply regret that Ms McNicholl was subjected to this harassment, share her disappointment that it has taken so long to resolve and would like to sincerely apologise to her," it said.

"We appointed an independent external investigator to look into the allegations following receipt of a complaint in 2016 and we note that the tribunal was satisfied that the investigation carried out was thorough, detailed and comprehensive.

"We are focused on continuing to create a culture and work environment where all colleagues' right to dignity at work is respected, with zero tolerance for bullying, harassment or inappropriate behaviour."

The bank said it had introduced a range of initiatives, including mandatory "Dignity at Work" training for all managers and staff, and increased awareness and understanding of policies which promote respect and dignity in the workplace.

"The measures we have implemented have put in place more robust protections for colleagues," it said.

The statement added that the bank did not seek an anonymity order in this case, nor did it oppose the Equality Commission's application to reveal relevant names.