Nurse wins £41k payout after being left out of tea round


Nurse wins £41k payout after being left out of tea round

An NHS nurse who quit her job after her colleague left her out of a tea round has been awarded £41,000 in compensation.

Susan Hamilton accused dietician Abdool Nayeck of making hot drinks for everyone but her after she questioned his "competency", an employment tribunal heard.

He also ignored her when she said hello and faced the other way when she was speaking in meetings, the hearing was told.

The pair, who had a "difficult" relationship for many years, were invited by bosses to mediation over their issues with Mr Nayeck accused of "bluntly" admitting he did not like his colleague.

Following formal intervention from the NHS trust that they worked for, the pair agreed to be polite to one another and "communicate in a civil manner".

But Ms Hamilton, a diabetes specialist, claimed that there was no change in Mr Nayeck's behaviour apart from the fact that he "now made tea for no one".

She also accused him of bullying behaviour and of stealing a book of hers.

The nurse, who qualified in 1986, eventually left St Helier Hospital in Sutton, London, and complained of the trust's handling of her complaints about Mr Nayeck.

She has been awarded £41,000 in compensation after an employment judge concluded that the trust failed to appropriately address her concerns.

The tribunal, held in Croydon, south London, heard that Ms Hamilton joined the Epsom and St Helier University Hospitals NHS Trust as a diabetes specialist nurse in Oct 2012.

Mr Nayeck joined the department in Sep 2017 as a diabetes specialist dietician and the pair worked in the same team, often treating the same individuals.

The tribunal heard that they had a difficult relationship following an incident in 2018 in which they disagreed about how to respond to a patient who had collapsed at home.

Ms Hamilton apologised for her tone when speaking with Mr Nayeck after she told him she was questioning his competency.

The nurse said that from this point onwards he became "noticeably dismissive" towards her.

They were invited to formal mediation and signed an agreement in late 2019 to "communicate in a civil manner with each other at work" and be polite.

But, in evidence, Mrs Hamilton said: "The only change that occurred from [Mr Nayeck's] side is that he no longer made drinks for the team in the morning so by extension I was no longer specifically excluded in that regard."

Mrs Hamilton was signed off work with stress and when she finally returned to the team in January 2021, she complained about the handling of concerns and complaints she had raised against Mr Nayeck.

In June of that year, she raised a formal grievance and complained about the theft of the book and his behaviour towards her.

The nurse also raised grievances against the trust into its handling of her concerns.

While the grievances against the trust were upheld, the allegation of abuse carried out by Mr Nayeck was dismissed and an allegation of book theft was only partially accepted as bosses said an additional investigation would be needed.

Just weeks after hearing the news, Ms Hamilton was signed off sick with stress and it was heard that she never returned to the hospital.

She appealed the outcome of the complaint and this was upheld by the hospital who acknowledged the impact it had on her wellbeing.

In January 2022, Ms Hamilton resigned, citing "a breach of contract by the trust due to a total breakdown of trust and confidence", and she took the trust to an employment tribunal.

Employment Judge Kathryn Ramsden said: "The [Trust] failed - over a number of years - to take adequate action in relation to Mr Nayeck's behaviour, including when [Ms Hamilton] was made unwell due to the stress that that caused.

"[Ms Hamilton's] evidence of the impact that that had on her was powerful: she was a gifted nurse, who loved her job, and she was immensely distressed to have found herself in a situation where she could not do it."

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