Susan Hamilton, a specialist diabetes nurse, resigned in January 2022 from Epsom and St Helier University Hospitals NHS Trust. She claimed that a co-worker, Abdool Nayek, showed “bullying behaviour” towards her, ignored her in meetings, and "stopped making tea for her when he was making it for all other team members".
Hamilton won £41,000 as decided by the London (South) Employment Tribunal, as a consequence of poor management by her employer.
One incident cited in the tribunal was in September 2018 when Hamilton and Nayek were treating a patient. They disagreed on how best to treat the patient and Nayek told Hamilton: "I don’t like you", the tribunal heard.
Although some behaviour in the workplace can seem inoffensive, it can quickly escalate and HR should be on hand to step in when needed, according to Tracey Burkey, senior HR consultant at employment law and health and safety consultancy, WorkNest.
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She told HR magazine: “These behaviours might initially seem innocuous, but can quickly escalate and include exclusion from meetings, withholding vital information or persistent unwarranted criticism.
“HR should encourage line managers to engage with their teams and hold regular one-to-one meetings so that issues can be picked up and addressed before they escalate.”
Pam Loch, managing partner at law firm Loch Law, stated that there are numerous ways HR can identify behaviours that might constitute bullying.
She told HR magazine: “Many individuals may not be aware that their conduct is bullying, and so HR professionals should ensure clear policies are in place with examples of what bullying is, and make sure staff are trained so they know what could be bullying, to stop it happening in the first instance.”
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Loch also added that conducting surveys and monitoring team interactions can play a big part in identifying and addressing bullying behaviour.
Loch said: “Employees may take days off sick to avoid the bullying, so carrying out return-to-work meetings can also be useful to identify any issues.
“By sitting down and asking how they are when they return to work, it can result in the employee feeling confident to disclose what is going on.”
Brian Gegg, partner at employment law firm, Broadfield, stated that cases like Hamilton’s are often much more nuanced than presented in the media.
He told HR magazine: “This case is being publicised as a constructive dismissal due to an employee being left out of a tea round. However, it is far more than that. The tribunal uncovered evidence of an ongoing campaign by one employee freezing out the claimant over a considerable period.”
To mitigate such risks, Gegg advised: “Firstly, there should be evidence of sufficient training being in place to make staff aware that such actions are wholly unacceptable.
“Secondly, where it is clear such behaviours are taking place, employers need to be seen to discipline the perpetrators effectively. And thirdly, employers should review their complaints channels to ensure staff are easily able to call out behaviours when they experience them or see them happening to their colleagues.”
