Health Service Faces Backlash After €87,000 Sexual Harassment Case

A health service employee has been awarded nearly €87,000 in compensation for sexual harassment after the Health Service Executive (HSE) failed to take action against a senior pharmacist for over a year. The Workplace Relations Commission (WRC) criticized the HSE for allowing the pharmacist to remain in his role despite multiple complaints made by a junior employee.

In a decision issued on March 1, 2025, WRC adjudicator Conor Stokes noted that it was “difficult” to disagree with the complainant’s assertion that the HSE “makes it easy” for alleged perpetrators of sexual harassment. The tribunal revealed that the senior pharmacist continued his duties at an unnamed public hospital while the junior employee faced significant workplace challenges, including being “shuffled around” and ultimately taking stress-related sick leave.

The harassment began in May 2023, as the junior employee was preparing to purchase a house. During this time, the senior pharmacist, a man in his late 40s, made inappropriate remarks, including suggesting he would be able to see her in the shower. Other incidents followed, culminating in a severe violation on June 20, 2024, when the pharmacist showed the complainant an explicit image while they were alone in an office.

The complainant, who represented herself at the hearing, explained that she formally reported the harassment after this incident. While the pharmacist admitted to sharing the image in a written response on July 9, 2024, he described it as “office banter”. Despite acknowledging that his behavior was “intimidating and offensive”, he insisted it did not constitute sexual harassment.

The HSE’s defense was weakened by the acknowledgment from their representative that they “did not do enough to protect the complainant”. The representative also refrained from challenging the complainant’s credibility, which led to an internal investigation that ultimately favored her claims. Stokes noted that the HSE had failed to uphold the complainant’s right to a safe working environment, questioning the fairness of their processes.

Stokes highlighted the disparity in how the HSE treated the complainant compared to the senior pharmacist, emphasizing that her right to due process was overlooked. He stated, “Where, one might ask, was the complainant’s entitlement to due process and natural justice and fairness and the right to a safe working environment?”

The tribunal concluded that the HSE was liable for discrimination due to sexual harassment, breaching the Employment Equality Act 1998. Consequently, the complainant was awarded compensation equivalent to a year’s gross pay, amounting to €86,717.

This case has sparked significant criticism of the HSE’s handling of sexual harassment complaints, raising broader questions about workplace safety and the effectiveness of existing policies to protect employees from harassment.