A talented NHS nurse, who was intentionally excluded from a tea round by a colleague stating, “I don’t like you,” has successfully secured a ruling for unfair constructive dismissal at an employment tribunal.
Susan Hamilton, a diabetes specialist, began her tenure at Epsom and St Helier University Hospitals NHS Trust in 2012 but resigned in January 2022, citing her departure as a direct result of the trust’s mismanagement and the actions of her colleagues.
She reported experiencing “cruel bullying behavior” from a coworker following a disagreement in 2018, during which she raised concerns about his competence in handling a patient’s care.
Her case detailed how Abdool Nayeck not only ignored her morning greetings but also turned away from her while she was presenting at meetings.
The judgment from the London (South) Employment Tribunal, made in November last year, was released on Tuesday.
Following the incident in 2018 involving a patient who collapsed at home, Ms. Hamilton apologized to Mr. Nayeck for her tone.
She later noted that he took her book, erased her name, replaced it with his, and stored it alongside his own materials in a cupboard.
The NHS trust has been asked for a response regarding this case.
During a mediation session in 2019, Mr. Nayeck accepted the need to improve his email communication style and agreed to avoid designating every message as high priority. They both committed to engaging with each other respectfully in the workplace.
In her statement, Ms. Hamilton remarked, “I made a concerted effort to enhance my relationship with Abdool, particularly after the mediation.
“I offered him tea or coffee and attempted conversations about his Eid celebrations, but I received no reciprocal gestures from him.
“The only change on his part was that he no longer prepared drinks for the team in the mornings, which meant I was not specifically excluded in that aspect anymore.”
In 2021, Ms. Hamilton received a letter indicating that “there was no evidence to support claims of bullying behavior” on her part towards Mr. Nayeck, who had made a formal complaint.
Once again, in August 2021, her general practitioner signed her off due to “work-related stress,” and she was undergoing cognitive behavioral therapy at the time of her resignation in January 2022.
“I could not endure another year of this situation,” Ms. Hamilton expressed during the tribunal proceedings.
“I was truly suffering.”
In her ruling, Employment Judge Kathryn Ramsden noted that Ms. Hamilton’s testimony was “compelling.”
She commented, “She was a skilled nurse who was passionate about her work and felt immense distress having found herself in a position where she could no longer perform it.
“The trust’s own evidence indicated that Mr. Nayeck’s behavior and communication with the claimant consistently fell significantly short of the expected standards, yet the trust seemed to do little other than speak to Mr. Nayeck—an action that, evidently, changed nothing—and merely suggested improvements that were not followed up.”
The post Headline: Nurse Triumphs in Tribunal After Facing Bullying and Exclusion Over Tea Rounds first appeared on London.
Author : London News
Publish date : 2025-02-27 14:41:45
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