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NHS consultant is awarded £100,000 over 'bully' nurses

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Published Date: 12 December 2007
AN ORTHODONTIST who quit her NHS post after she was bullied out of her job has been awarded more than £100,000.
Sumithra Hewage, 52, who is originally from Sri Lanka, sued NHS Grampian over claims she was bullied and harassed by two senior nurses.

She claimed she had suffered sexual and racial discrimination while working as an orthodontist at Aberdeen Roy
al Infirmary.

A tribunal heard how bosses carried out a "planned attack" on the consultant after she complained that "the system" was to blame for staff shortages.

Mrs Hewage was reduced to tears after she was bullied by Helen Strachan and Edith Munro.

They treated her differently to a male consultant working in the same role at the city hospital.

The employment tribunal has now ruled Mrs Hewage was a victim of sexual and racial discrimination and was unfairly dismissed.

Mrs Hewage's representative, Frank Lefevre, said yesterday his client would receive in excess of £100,000.

Mr Lefevre said: "Once the final calculations have been done, my client will be awarded in excess of a six-figure sum by the NHS.

"I am pleased my client has won her case, but it really should never have got as far as a tribunal - it was obvious NHS Grampian were at fault."

During the tribunal, the children's dental specialist claims she was left in tears at a meeting on 9 September, 2003 with Ms Strachan, the services manager, and clinical manager Ms Munro.

A written judgment published by the employment tribunal said the nurses' attitude to Mrs Hewage was "hostile and aggressive".

This led to Mrs Hewage feeling unwell as a result of stress.

The consultant quit her post as head of services for her department on 30 November, 2003, then left the hospital altogether in March 2005.

Ms Munro had denied bullying or harassment at the employment tribunal held earlier this year in Aberdeen.

Instead, the 58-year-old said she had confronted Mrs Hewage about an alleged remark made to a nurse about staffing problems with dental nurses. She claimed the consultant had blamed "the system" for staff shortages.

She also denied colluding with Ms Strachan to carry out a "planned attack" on Mrs Hewage.

Mrs Hewage had worked in dental services in the UK since 1979.

But she said she lost trust in the NHS after she made an official complaint.

An NHS Grampian spokesman said lawyers for the health board were now considering whether they had grounds for an appeal.

NEW SYSTEMS IN PLACE


AN NHS Grampian spokesman said the board has accepted its processes were not as sound as they should have been at the time.

They have now revised their "Dignity at Work" process so that there is more emphasis on informal early intervention where problems emerge.

The spokesman said: "We now have 14 trained confidential contacts who will follow up the concerns of staff on a confidential basis. The organisation will of course need to reflect on the full judgement."

And he added: "As a responsible employer, we believe every member of staff has a right to be treated with dignity and respect, irrespective of their sex, race, marital or health status, age, disability, sexual orientation, religion, or political conviction."



Page 1 of 1

  • Last Updated: 11 December 2007 11:07 PM
  • Source: The Scotsman
  • Location: Edinburgh
  • Related Topics: Harassment at work
 
1

Dr A Galbraith,

Florida 12/12/2007 10:29:23

Why oh why did I ever leave.

Unbefxnlievable.

My lay understanding of sexual discrimination was that same could only be imparted by those of a contrary gender; in this case, males ????

I'm not really seeing much evidence of either sexual discrimination or racial discrimination.

Were you time or word limited, Jennifer Sugden?

2

McMicrogal,

12/12/2007 11:06:49

Woman are just as capable of discriminating against their own gender in favour of the opposite as men are of giving their own preferential treatment.

Bullying is bullying regardless of the genders involved.

3

Maisie from Morningside,

Morningside 12/12/2007 11:20:16

If you ever had the fortune to work in a hospital you will find that the most vicious bullies on the planet are employed as hospital nurses.
No one hates nurses more than their fellow nurses.

4

Dr A Galbraith,

Florida 12/12/2007 11:42:00

#2. #3

The charge is not "bullying" it's sexual discrimination !!!!

As far as I can see, she wan't sexually discriminated against. No one asked her to "get yir tatas out" or grabbed her backside etc etc.

I simply cannot see sexual discrimination. This is not an issue of gender and bullying isn't an employment tribunal issue. END OF STORY.

Complete muppets of lawyers if you ask me.

5

Robert,

Kirriemuir 12/12/2007 12:51:31

Being a WASP male after reading this article I am beginning to feel discriminated against by the limited provision of this Act. It seems that I could have made a fortune had the law applied to myself. I recall on one occasion being threatened with dismissal if I failed to get promoted, and that was by a senior civil servant - hardly what could be described as being civil or even resonable. It seems that if one is female, pregnant, coloured, or being of the third gender, or a trade unionist, that one is fireproofed!Are we smelling the odour of the decomposition of British culture?

6

Number 6,

Germany 12/12/2007 14:26:11

If these women were found guilty of bullying,
what will be their punishment. Or is this decision making without evidence?.

7

,

12/12/2007 14:35:37
Comment Removed By Administrator
Reason:
8

,

12/12/2007 14:38:20
Comment Removed By Administrator
Reason:
9

Number 46,

The real world 12/12/2007 17:37:56

"Discrimination" means being treated differently from others. One can most certainly be treated differently to someone of a different gender by those of one's own gender.

Comments like those above of Dr A Galbraith and Robert (Kirriemuir) are repellent and disturbingly unenlightened.

10

Paula,

12/12/2007 22:54:00

Having seen the bullying that goes on in the NHS first hand (and left because of it) this amount might seem extreme but it is small compensation.

If patients really knew what some of the staff were like they would make sure they never needed medical care. Then again there are those who are truly dedicated, and they have to carry the bad ones (who are the same ones who dodge all the work on the ward but are very efficient at it.)


 

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