Employee wins tribunal after omission from tea round part of a pattern of bullying

An NHS nurse has won a claim for unfair constructive dismissal after a colleague demonstrated a pattern of bullying behaviour towards her. The nurse, Ms Hamilton, cited incidents about a colleague’s conduct that included ignoring her at meetings, excluding her from tea rounds and saying “I don’t like you” whilst a patient was being treated.

The case highlights the need for employers to be vigilant to the signs of bullying and be proactive in taking action to prevent it from occurring in their workplaces.

Behaviours that might initially seem innocuous can quickly escalate and managers must be ready to react.

If one colleague is excluding another from meetings, withholding information from them or constantly making unnecessary criticism about them then the manager needs to intervene.

The manager needs to meet informally with the perpetrator as soon as the behaviours are noticed. They also need to flag concerns and clearly state what needs to change / improve before the matter escalates to a grievance or a claim from the victim.

What can employers do to prevent bullying?

• Ensure bullying and harassment policies define what bullying is

• Provide training to employees on what bullying might look like in their workplace

• Providing employees with examples of what could be perceived as bullying

• Talk to employees about reflecting on their own behaviour and ask them if there is anything they do that could be perceived by others as bullying

• Train employees on what to do if they think they are being bullied or have a concern that a colleague is being bullied

• Remind employees how to raise and report concerns

• Ensure return to work interviews are conducted after every occasion of sickness as these can be a platform to encourage an employee to speak up about the real reasons for their absence

How else can employers protect themselves from claims?

• Ensure training is undertaken at induction and annually on bullying awareness

• During training be clear about the consequences of bullying behaviours

• Ensure all concerns raised are fully investigated

• When bullying occurs - ensure appropriate disciplinary action is taken

• Review the process for raising concerns to ensure that employees can easily “call out” inappropriate behaviours when they witness it or personally experience it