Geraldine McGahey

While working in an open plan office, the woman witnessed a senior male colleague viewing images of women in various states of undress and provocative images on his desktop computer screen from her workstation. She was the only other person in the office at the time.

Shocked and disturbed by what she had seen, she reported what she had witnessed to management. She provided photos taken on her mobile phone as evidence of what she had seen but says she was told to delete them by HR. HR advised that this was owing to potential data protection concerns, but the woman remained concerned that without her retaining the photos, the evidence could be destroyed.

She was dissatisfied with the response and believed that appropriate action was not taken. She says she was told that the colleague would not be moved, have his internet access restricted, or be suspended while the matter was being investigated.

The woman says she was advised if she did not wish to continue working alongside the man while the matter was being dealt with, she could work from home or from an alternative location. She felt this was unfair, as she had raised the complaint and had done nothing wrong.

She later pursued formal complaints regarding both the man’s conduct and management’s response. Her complaints were not upheld and an appeal was unsuccessful.

Speaking about her experience the woman said: “I was shocked by the images displayed on his work screen. They were of a sexual nature and totally inappropriate for the workplace. I felt annoyed and vulnerable, particularly as I was the only other person present.

“Although I had evidence to support my complaint, it was not upheld. I felt like I was being reprimanded despite having done nothing wrong. I was extremely disappointed by how I was treated after making a complaint. I also believed the time it took for my complaints to be considered was unnecessarily long. It led me to believe that neither I nor my complaint were taken seriously by my employer.”

Geraldine McGahey, chief commissioner, ECNI said: “Sexual harassment has no place in the workplace. Employers have a responsibility to take steps to prevent it and, when concerns are raised, they should act promptly, take complaints seriously and ensure those involved are appropriately supported.

“Employers must be clear about acceptable standards of behaviour and ensure that managers and staff understand the policies and procedures in place for raising and dealing with complaints. When standards are not met, concerns must be properly addressed. Dealing with complaints appropriately from the outset can help prevent further distress for those involved.”

In settling the case, the Department of Education acknowledged and regretted the upset and distress caused, reaffirmed its strong commitment to Northern Ireland equality legislation and undertook to liaise with the Equality Commission to review its policies, practices and procedures and carefully consider any future recommendations made by the Commission.