How eye rolling at colleagues can lead to tribunal case

A recent case involving eye rolling at a dental practice shows that apparently small expressions of dislike directed at colleagues can lead to employment tribunal cases.

Maureen Howieson, aged 64, was a very experienced dental nurse at a dental practice in Edinburgh. Ms Howieson had arthritis and was moved to reception duties. A new dental therapist, Jisna Iqbal, joined the workplace in July 2024. Ms Iqbal was a qualified dentist in India, but was not authorised to work as a dentist in the UK, so was allocated other tasks.

During a period of sick leave, Ms Howieson felt that Ms Iqbal was taking over her reception duties, and Ms Howieson felt excluded. Ms Howieson claimed that Ms Iqbal refused to carry out tasks when requested to, was rude and disrespectful, and regularly rolled her eyes at Ms Howieson. Some of this behaviour was witnessed by another colleague, Daniela Siersch.

Ms Howieson raised concerns with the practice owner, but the bad atmosphere persisted. Ms Howieson became stressed and had a panic attack at work. When she was underpaid, she said it was the ‘final straw’, resigned and claimed constructive unfair dismissal.

The Tribunal held that the dental practice had failed to address Ms Howieson’s concerns and that it did nothing to stop her stress. It had therefore committed ‘multiple repudiatory breaches’ of her contract of employment and Ms Howieson was awarded £25,254 in compensation.

 

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