NHS worker wins tribunal after colleagues give him humiliating ‘Invisible Employee’ award

NHS trust criticised over handling of ‘Invisible Employee’ complaint

Manchester University NHS Foundation Trust took around 95 days to complete an investigation into Amit Verma’s concerns, despite its own procedures setting a 12-day target. 

Employment Judge Gary Tobin said the delay added to Verma’s frustration and undermined his trust in the organisation.

Verma, who joined the Trust in 2008, said the certificate had left him feeling belittled in front of colleagues. It was signed by “Casper the Friendly CEO” and presented during a workplace gathering as a joke.

However, Verma argued that the message behind the award suggested he was unreliable, regularly absent or unwilling to do his job. 

The Trust maintained that the incident had been understood as harmless banter. Judge Tobin disagreed, finding that Verma had been caught off guard and was not in a position to decline the photographs without risking further embarrassment.

“His surprise was genuine,” the judge said.

“Once placed at the centre of the gathering, with colleagues watching, he had no realistic opportunity politely to refuse without creating an even more uncomfortable scene.

“His participation cannot fairly be characterised as willing consent.”

Verma says workplace treatment took toll on mental health

His complaint also concerned his dealings with a colleague, Bushrah Ashraf. Verma alleged that she had developed a dislike of him after he raised a formal grievance about her behaviour. 

He claimed she had deliberately failed to assist with patient discharges, despite telling him she was on her way to help.

He further raised concerns about a departmental culture in which Ashraf distributed 'awards' that could leave staff feeling targeted or humiliated.

Verma eventually lodged a formal complaint covering discrimination, harassment, bullying and victimisation. 

The tribunal found that the Trust’s response to his grievance had contributed to the victimisation.

Andrew Ablott, the manager first assigned to investigate the matter, was criticised for focusing on whether the certificate had been intended as a joke. 

According to Judge Tobin, this approach failed to address the discrimination allegations that were central to Verma’s complaint.

“He deliberately chose to avoid grappling with such an issue, particularly when the nature of the poor treatment suggested that there might be some substance to the allegations,” Judge Tobin said.

Tribunal slams NHS trust over 95-day delay in investigation

Samantha Ekin subsequently took over the investigation, but the process remained unresolved for months. 

Verma submitted his complaint on January 14, 2024, and the investigation was not completed until April 19.

That meant the Trust’s handling of the matter took approximately eight times longer than its own 12-day guideline allowed.

Judge Tobin acknowledged that practical difficulties could affect an investigation, but said they did not justify the length of time Verma was left waiting.

The delay was particularly concerning given that he had repeatedly explained how the situation was affecting his health.

“Even allowing for practical difficulties, that delay was excessive and materially contributed to [his] frustration and loss of confidence,” the judge said.

The compensation he will receive has yet to be determined.