The Importance of Employer’s Preventing Workplace Bullying and Harassment
In a recent Employment Tribunal decision, NHS nurse, Susan Hamilton, was awarded £41,000 in compensation after winning a claim for unfair constructive dismissal.
It was found that Hamilton had been subjected to “cruel bullying behaviours” by a colleague, leading to her resignation from Epsom and St Helier University Hospitals NHS Trust (the “Trust”) in January 2022.
Background
Hamilton joined the Trust in 2012 as a diabetes specialist. The issues began in 2018 when she questioned the competency of her colleague over a patient’s treatment.
This disagreement led to a series of bullying behaviours from the colleague, including deliberately excluding Hamilton from the morning tea round and ignoring her greetings. There was also an incident where the colleague took Hamilton’s personal book, erased her name, and wrote his own before storing it with his documents.
Despite mediation efforts in 2019 and an agreement between the parties to remain civil, the bullying continued. Hamilton’s colleague even submitted a complaint about her which led to her being investigated by the Trust.
In June 2021, Hamilton submitted a grievance about her colleague’s behaviour as well as an appeal in October 2021, where the Trust substantially upheld her complaints. However, the Trust then failed to implement the necessary safeguards in her case in a timely fashion.
Tribunal’s Findings
Hamilton, who was undergoing cognitive behavioural therapy for work-related stress, resigned stating she could not endure another year of such treatment. Because Hamilton’s resignation was deemed a direct consequence of the bullying and the Trust’s failure to appropriately address it, her claim of unfair constructive dismissal was upheld.
Constructive dismissal occurs when an employee resigns due to their employer’s conduct, which constitutes a serious breach of contract. In this case, the inadequate response from the Trust amounted to a breach of the implied term of mutual trust and confidence. This term is fundamental to the employment contract and requires that employers do not act in a way that is likely to destroy or seriously damage the relationship of trust and confidence between employer and employee.
The tribunal’s judgment emphasised the Trust’s insufficient response to the bullying, leading to the award of £41,000 in compensation.
Key Takeaway’s for Employer’s
Employers have a legal duty of care to provide a safe and supportive working environment for employees which includes taking all reasonable steps to prevent bullying and harassment. We set out below some key steps to take for Employer’s in this situation:
- Employers must take proactive steps to address bullying and harassment in the workplace. This includes having clear policies in place and ensuring that all employees are aware of them. Disciplinary procedures should be outlined to address the consequences of such behaviour.
- When conflicts arise, effective mediation and follow-through are crucial. Simply suggesting changes without ensuring they are implemented can lead to continued issues. You must ensure that any agreed-upon actions or changes following mediation or investigations are fulfilled and monitored to help build trust and show that you are committed to resolving issues.
- Providing adequate support for employees who report bullying or harassment is essential. This can include regular check-ins and mental health support, which can help mitigate the impact on their well-being.
- Training managers and colleagues to recognise and address bullying behaviour essential. This can help prevent issues from escalating and ensure a supportive work environment.
- Encourage employees to provide feedback on workplace culture and any issues they may be facing to help identify problems early and address them before they escalate.
If you are an employer or employee affected by the above issue and want advice or support in connection with the same, or any employment law or HR issues more generally, please do not hesitate to contact us on 01206 239761.
