Looking after the veterinary profession

When Things Go Wrong

Introduction

Inevitably, in an imperfect world, things go wrong. Employers and employees frequently have different agendas. Conflicts and disagreements occur. This does not need to be the end of the world. This page points you towards the information and resources you might need to handle some of the more common issues.

Redundancy and Unfair Dismissal

ACAS defines redundancy as: 'dismissal for a reason not related to the individual concerned or for a number of reasons all of which are not so related.' In other words it becomes no longer possible to employ someone, not because they have done a poor job but because they are quite literally redundant – no longer able to contribute for whatever reason. This is frequently because the work is simply no longer there – for example the termination of a contract for the practice to provide services – or because business has fallen off.

On the other hand, unfair dismissal could be because:

  • your boss doesn't have a fair reason for dismissing you (e.g. there is nothing wrong with your job performance)

  • your boss hasn't followed the correct process for dismissal (for instance you haven't received warnings or remedial training)

  • you have been dismissed for an automatically unfair reason (e.g. because you wanted to take maternity leave)

You do have a legal right not to be unfairly dismissed but the rules are complicated. They can be affected by circumstances such as age, gender, health and duration of employment. Do your homework.

Key Point
If you are dismissed without warning, it is possible that you have been unfairly dismissed. Get advice as soon as possible - some claims are time-limited. 

Constructive Dismissal

Sometimes enforced changes in the terms and conditions of your employment can be construed as "constructive" dismissal – a form of unfair dismissal.

For employees – if you're dismissed without warning then you may have been unfairly dismissed. You may be able to seek reinstatement or compensation. You should get advice as soon as possible as there is a time limit for claims.

For employers – if you are considering dismissing a member of staff (or making them redundant) it's very important to get reliable legal advice before doing anything – get it wrong and it could cost you.

For both – employment law is complex and changes frequently – make sure that any information you get is up-to-date (and from a reliable source).

Redundancy and leaving your job (including dismissals) – Directgov

Advisory booklet – Redundancy handling – ACAS

Dismissal – ACAS

These are included in a more comprehensive list of links with comments on the Employment Resources page

Bullying in the Workplace

What is bullying?

Bullying includes abuse, physical or verbal violence, humiliation and, probably most important for new graduates in practice, undermining someone’s confidence. This can be face-to-face or in any other medium. However many medals you may have won at college – once in practice you can be very vulnerable to criticism. It's vitally important for employers of new graduates to understand this and to couch criticism in a positive and supportive way – offering support and remedial training where necessary and balancing this with praise and acknowledgement. Conversely, it is also important for new graduates to be able to handle criticism in a way which is beneficial rather than destructive – one of the skills of emotional intelligence.

Employers have a 'duty of care' to their employees and this includes dealing with bullying at work. First of all use the practice’s grievance procedure (if it exists) or discuss the matter with the bully directly. This can be tough – get support from a friend or colleague. Often the bully is not doing it intentionally and it can be possible to get them to change their behaviour when they see the impact on someone else.

Am I a bully?

"If I've worked from eight in the morning until nine at night on the needs of the animals in my care - the last thing I want to deal with is a whingeing assistant!"

It's important to realise that many bullies don't realise that what they are doing is bullying – you could be doing it without knowing it. It could be a personality style or it could be simply something which was done to you when you were younger or in a weaker position. However the culture does change – you don't have to repeat behaviour just because it happened to you. If someone accuses you of bullying, take it seriously and reflect before responding.

Watch a video from ACAS on bullying at work

Three points of view

It's important to recognise what's going on from all points of view:

The drama triangle

Stephen Karpman describes a drama triangle of persecutor, victim and rescuer – the problem with this is that all three of these characters have an unstated (and often unconscious) agenda which goes beyond the stated problem – the bully wishes to harm and control, the victim wishes to remain helpless and the rescuer wants to be seen as the hero rescuing the damsel in distress.

The key here is for all three characters to recognise these unconscious agendas and move into an adult position:

  • the victim needs to take responsibility for not being a victim – to learn ways of assertion which are not aggressive (see the book 'Born to Win' below)

  • the bully needs to ask themselves "If I was a really good father or mother – would I be doing/saying things in this way?" Or "How can I challenge this person without doing harm?"

  • the rescuer needs to avoid thinking of themselves as a hero and adopt the position of a mediator or coach

David Emerald's empowerment dynamic illustrates this very well.

If this doesn't work

If nothing is done to put things right, you may have to take legal action, which may mean going to an employment tribunal. Get good professional advice before taking this step. You can't make a legal claim directly about bullying but you can complain under the laws covering discrimination and harassment. If you're forced to resign as a result of bullying you may be able to claim for constructive dismissal.

Can I sack a client who is a bully?

In the Autumn 2011 Newsletter of the Veterinary Defence Society Limited (VDS), a vet wrote in to say that they had had enough of a really objectionable client who always complained about her bills and was consistently rude to her lay staff and asked what the rules were regarding sacking the client.  The response is reproduced below with the kind permission of the VDS.  It represents only the views of VDS and does not constitute advice.  VDS is not responsible for the consequences of any action taken in reliance on the extract.

VDS wrote:

"There are no hard and fast rules of the sort you imply, but there are a number of factors to bear in mind before you start. First of all, it should be stressed that you do not have to put up with unacceptable behaviour from any client, and just like any employer/manager you have a responsibility for the wellbeing of your staff. The critical question you must answer is whether refusing to provide further veterinary services to this client will have a significant effect on the welfare of any of her pets, particularly any which might be under current treatment. If there are alternative practices in the local area of which she can avail herself, and none of her pets requires urgent veterinary treatment, then you can inform her verbally that you will no longer provide treatment, followed up by letter. First class mail will do, though we have known members hand deliver them, just to be sure!

In the event that an animal is either hospitalised or requires ongoing veterinary intervention, then animal welfare becomes your prime concern. You must ensure that suitable arrangements are in place for the provision of further care by ensuring that another practice will take over the case, before washing your hands of the client. Finally, the clinical records should always be forwarded to the superseding practice, regardless of whether the client owes an outstanding bill." 

Bullying in the workplace – Directgov

Bullying and Harassment – ACAS (Advisory and Conciliation Service)

Bullying and Harassment – CIPD (Chartered Institute for Personnel Development)

Born to Win – self-help book by Muriel James and Dorothy Jongeward – based on transactional analysis and Gestalt – contains tools for developing the ability to be assertive without being aggressive.

These are included in a more comprehensive list of links with comments on the Employment Resources page

Maternity/Paternity Issues

Being a vet shouldn't prevent you from having normal relationships including raising a family – let's look at some of the issues which arise.

Health and safety while pregnant

If you are pregnant at work, your employer must protect your health and safety.

Your employer has an obligation to protect your health and safety while you are pregnant. This might include limiting the risk of exposure to trauma, reducing working hours and even possible exposure to harmful substances. You may also have the right to paid time off for antenatal care.

Maternity and paternity leave

There are rights to this which are enshrined in the law – do your homework (links below).

The financial aspects of being a parent

All sorts of sources of help here… There may be help for lone parents, for families on low income, for the cost of preschool & education, child benefit – again it is worth doing your homework.

Getting back to work after taking time off to raise children

This issue came up in VBF sponsored focus groups in 2010 – there appears to be relatively little help in the profession for the return of parents who take a number of years off to raise children. This affects a number of people – especially women in the profession. Hopefully raising awareness of this will result in the development of systems of mentoring for a return to professional work. 'The Ten-Year Nap' by Meg Wolitzer (see below) illustrates this phenomenon in four other careers.

Financial support for parents and children – Directgov – a lot of material under this link including help for lone parents, low income, education, child benefit. This link also directs you to sources of help if you become a parent while a student.

Work and families – Directgov – a comprehensive link to pregnancy, maternity rights, paternity rights and parental leave.

You can buy a Fact Sheet Pack on Maternity and Paternity from the BVNA.

The Ten-Year Nap by Meg Wolitzer analyses the mixed feelings of four friends who all had babies at the same time and found themselves drifting gradually away from their careers in law, art, banking and film. Ten years on they fear they are running out of excuses to stay at home. Described as a "provocative, funny and clever book" – might be worthwhile reading.

These are included in a more comprehensive list of links with comments on the Employment Resources page

Discrimination

What is discrimination?

"Veterinary employers need more information and training on handling mental health issues at work"
                                                                                          Vet Helpline Volunteer

You have a right to be employed, paid, trained and promoted on the sole basis of your skills, abilities and how you do your job. Discrimination happens when an employer treats one employee less favourably than others for reasons other than your ability to do your job.

Some of the factors covered by law

Equal opportunities law covers gender, sexual orientation, pregnancy and maternity, disability, race, colour, ethnic background, religion or beliefs, age and other factors. You also can't be discriminated against because you work part-time or are on a fixed term contract.

Getting help

There is plenty of online material available to inform and support you if you think you are being discriminated against (see below).

Discrimination at work – is the key Directgov link here leading to all forms of workplace discrimination, racial discrimination disability discrimination etc

Delivering Equality & Diversity – is an ACAS booklet useful for employers – available as a PDF download.

Guidance for Employers – is a group of pages on the Equality and Human Rights Commission Website covering many aspects of rights under the Equality Act 2010

The Age Positive part of the Department for Work and Pensions – has some useful publications and case studies on work and retirement.

These are included in a more comprehensive list of links with comments on the Employment Resources page

Working Conditions

Working Hours

Veterinary work frequently involves working both long hours and unsocial hours. There is legislation which gives you a right not to have to work more than 48 hours a week on average (although you may be asked to opt out of this). You shouldn't be sacked or unfairly treated for refusing to sign an opt-out.

This is a controversial area and it's important for you to have your facts right as well as understanding what is regarded as "normal" within the culture of our profession.

Working conditions can also cover stressful or dangerous circumstances – the author can remember treating a cow with milk fever while under attack by a bull – only kept away by the farmer repeatedly driving his Land Rover at the animal – dramatic, dangerous and unnecessary.

Key Point
While the phrase 'Health and Safety' seems to have got a bad name, the Health and Safety Executive website (see below) is a useful source of information and guidance.  

Working Time Limits – the Directgov information on weekly maximum working hours.

Working at Night – the Directgov information and guidance on working at night.

Health and Safety Executive Website "HSE's job is to prevent people being killed injured or made ill by work"

Working Long Hours – an interesting research project on the effects of working long hours by the HSE – downloadable PDF

These are included in a more comprehensive list of links with comments on the Employment Resources page

Professional Misconduct in Colleagues

What do you do when you know or suspect that a colleague (senior or junior) is behaving in an unprofessional manner?

This is dealt with in the section of the Vetlife website dealing with Complaints & the RCVS.