NHS nurse wins tribunal claim for unfair constructive dismissal after alleging she was bullied by a colleague who said, ‘I don’t like you’ and deliberately left her out of the morning tea rounds.
The claimant, Susan Hamilton, a diabetes specialist nurse at the trust, cited she was subject to ‘cruel bullying behaviours’ by dietician Abdool Nayeck, following a disagreement in 2018 when she raised concerns about his job performance. It was alleged that Mr Nayeck deliberately ignored the claimant, excluded her from team activities, tampered with her personal belongings and left her out of morning tea rounds.
During mediation in 2019, Mr Nayeck reportedly admitted he did not like his colleague but agreed to ‘follow advice regarding the tone of emails and not send every message as high priority’, and both parties agreed to communicate in a civil manner with each other at work. However, Ms Hamilton said she ‘tried very hard to build a better relationship with Abdool particularly following mediation’ but her efforts were not reciprocated.
In July 2020, Mr Nayeck then claimed he had been bullied for two years by Ms Hamilton and listed numerous complaints in an email to their line manager. It was agreed he could limit his time working with Ms Hamilton by working from a separate unit on certain days.
Ms Hamilton was signed off with work-related stress in December 2020 but returned the following month. In March 2021, an action plan was formed to help improve professional relationships between them but Ms Hamilton felt she wasn’t given any information about which aspects of her behaviour needed improving.
Ms Hamilton raised a formal grievance in June 2021 over the trust’s handling of her concerns, but these claims were only partially upheld. She later appealed the decision, and the trust acknowledged the impact the previous outcome had on her wellbeing. In August 2021, Ms Hamilton was again signed off with work-related stress and subsequently resigned in January 2022 while undergoing cognitive behavioural therapy.
The London (South) Employment Tribunal found that Epsom and St Helier University Hospitals NHS Trust failed to address the issue effectively. Ms Hamilton’s claim of constructive dismissal was successful, and the trust was ordered to pay £41,000 in compensation.
This case highlights the responsibility of employers to proactively protect employees from bullying and harassment in the workplace. Policies and procedures should be monitored and regularly reviewed, ensuring all complaints are thoroughly investigated. Mediation can also be used at any stage in the conflict situation to try and get the working relationship back on track.
If you’re an employer faced with a pending conflict situation, EML offer a professional mediation service delivered by a fully accredited consultant which is designed to facilitate conflict resolution quickly and cost-effectively. Contact us on 01942 727200 for a confidential, no-obligation chat to find out how we can help or email enquiries@employeemanagement.co.uk