“I don’t like you” - Nurse Wins Constructive Dismissal Claim Over Workplace Bullying

In a recent tribunal case, Mrs. Hamilton, a diabetes specialist nurse at Epsom and St Helier University Hospitals NHS Trust, successfully claimed constructive dismissal after enduring persistent bullying and exclusion at work. The tribunal heard that Mrs. Hamilton was deliberately left out of a tea round and consistently ignored by a colleague, which contributed to a hostile work environment.

Mrs. Hamilton, who had been with the Trust for several years, resigned in January 2022, citing "cruel bullying behaviours" and poor management as the reasons for her departure. The tribunal found that the Trust had failed to address her complaints adequately, leading to her feeling isolated and undervalued. By consent Mrs. Hamilton received the sum of £41,000.

This case highlights the importance of addressing workplace bullying promptly and effectively. Employers have a duty to ensure a supportive and inclusive work environment for all employees. Failure to do so can result in significant legal and reputational consequences.

Mrs. Hamilton's victory serves as a reminder that employees should not tolerate bullying and should seek support if they find themselves in similar situations. It also underscores the need for organisations to foster a culture of respect and inclusivity to prevent such issues from arising.

What to Do if You Are Considering a Constructive Dismissal Claim...

If you find yourself in a similar situation, here are some steps you can take to claim constructive dismissal:

1. Document Everything: Keep detailed records of all incidents of bullying and harassment, or any other behaviour that contributes to a hostile work environment. This includes dates, times, and descriptions of the incidents, as well as any communications with your employer about these issues.

2. Report the Issues: Make sure to formally report the issues to your employer, following your company's grievance procedure. This shows that you have given your employer a chance to address the problems.

3. Seek Legal Advice: Consult with our expert employment solicitors to understand your rights and the strength of your case. They can guide you through the process and help you gather the necessary evidence. You can find more information here about: Constructive Unfair Dismissal

4. Resign: If the situation does not improve and you feel you have no choice but to resign, do so in writing, clearly stating that you are resigning due to the intolerable working conditions.

5. File a Claim: After resigning, you can file a claim for constructive dismissal with an employment tribunal. Be prepared to present all your evidence and demonstrate that your employer's actions left you with no reasonable alternative but to resign. For more guidance, visit Lawson West's Employment Tribunal Claims page.

By following these steps, you can strengthen your case and increase your chances of a successful claim. Remember, it's important to act promptly and seek professional advice to navigate this challenging situation effectively.

If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.

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