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.<h3 id="a2bda4e3-f7f4-4dd2-af01-8853202b372e" data-toc-id="a2bda4e3-f7f4-4dd2-af01-8853202b372e">What can employers do to prevent bullying?</h3><ul><li>Ensure bullying and harassment policies define what bullying is</li><li>Provide training to employees on what bullying might look like in their workplace</li><li>Providing employees with examples of what could be perceived as bullying</li><li>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</li><li>Train employees on what to do if they think they are being bullied or have a concern that a colleague is being bullied</li><li>Remind employees how to raise and report concerns</li><li>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</li></ul><h3 id="b0bc92a8-2d17-4ff9-b81f-67fbef3ca422" data-toc-id="b0bc92a8-2d17-4ff9-b81f-67fbef3ca422">How else can employers protect themselves from claims?</h3><ul><li>Ensure training is undertaken at induction and annually on bullying awareness</li><li>During training be clear about the consequences of bullying behaviours</li><li>Ensure all concerns raised are fully investigated</li><li>When bullying occurs - ensure appropriate disciplinary action is taken</li><li>Review the process for raising concerns to ensure that employees can easily “call out” inappropriate behaviours when they witness it or personally experience it</li></ul>

An NHS nurse has won a claim for unfair constructive dismissal after a colleague demonstrated a pattern of bullying behaviour towards her.

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

The Employment Rights Bill is set to bring major changes to employment law — but one of its most striking developments has gone largely unnoticed.Last week’s Amendment Paper revealed that the new Fair Work Agency will now have unprecedented powers, including:<ul><li>The ability to bring Employment Tribunal claims on behalf of workers — even if they don’t want to claim themselves.</li><li>The power to offer legal assistance for employment cases, with the Fair Work Agency's costs recoverable from employers if the claim succeeds.</li><li>The authority to pursue employers for unpaid holiday pay and sick pay and impose financial penalties on top which go straight to the government</li></ul>These amendments to the Bill could fundamentally reshape employment litigation. Employers who previously relied on employee reluctance to claim may now find the Fair Work Agency stepping in instead.This is just the beginning. These amendments are likely to pass into law—but how they will work in practice remains uncertain.

The Employment Rights Bill is set to bring major changes to employment law — but one of its most striking developments has gone largely unnoticed.

Employment Rights Bill – What is the Fair Work Agency?

All employers have a duty to prevent illegal working and so need to conduct right to work checks to ensure both new recruits and current employees are allowed to work in the UK.But what are the duties when an organisation is looking to engage agency workers or self-employed contractors? Should your business carry out right to work checks on such individuals?For the answer to this question we need to refer to the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/publications/right-to-work-checks-employers-guide/employers-guide-to-right-to-work-checks-23-september-2024-accessible-version">Employer's guide to right to work checks: 12 February 2025 - GOV.UK.</a>This guidance urges employers to carry out right to work checks on anyone entering a working relationship which including self-employed individuals and anyone sent as a substitute.The guidance states:“Even if the workers you use or supply are not your employees (within the meaning of legislation) there are compelling reasons why you should check that any such workers have a right to work in the UK.Examples include:• If illegal workers are removed from your business, it may disrupt your operations and result in reputational damage.• There could be adverse impacts on your health and safety and safeguarding obligations, as well as potential invalidation of your insurance, if the identity, qualifications and skill levels of individuals doing work for you are not as claimed.• Right to work checks are also a requirement of the majority of international best practice standards and the audits that go with them.The guidance states “you are strongly encouraged to check that your contractors and labour providers carry out right to work checks in accordance with this guidance on people they employ, engage or supply (or carry out these checks yourself). This includes anyone in your supply chain using a substitute to perform work on their behalf.”Employers may perceive that they are at are at a low risk from checks being taken on their workers. But a news story on the <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="http://Gov.UK">Gov.UK</a> website <a target="_blank" rel="noopener noreferrer nofollow" class="link" href="https://www.gov.uk/government/news/arrests-for-illegal-working-up-after-home-office-crack-down?utm_medium=email&amp;utm_campaign=govuk-notifications-topic&amp;utm_source=638fbd4e-f246-419e-b482-66a15a5773d8&amp;utm_content=immediately">‘Arrests for illegal working up after Home Office crackdown - GOV.UK</a>’ tells us that illegal working arrests have increased by 25% since the general election in July 2024.Employers must be vigilant to prevent illegal workers operating within their supply chain and across their workplaces as this is an area of ongoing focus for the current government.

What are the duties when an organisation is looking to engage agency workers or self-employed contractors? Should your business carry out right to work checks on such individuals?