What can my wife do about NHS workplace bullying?

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My wife is an NHS junior doctor. She recently told the NHS about her pregnancy. Since then, her annual appraisal has suddenly become very critical despite previous positive feedback, and she faces demands amounting to an increase in her workload. All this follows bullying that she says she has experienced in previous years. I worry about the impact of the stress and the financial burden on our family if she feels forced to resign. What can we do?

Rachel Phillips, solicitor in the London office of JMW Solicitors, says this may be a case of maternity discrimination. Under the Equality Act 2010, employers are prohibited from treating employees unfavourably because of pregnancy or maternity. Your wife may also have a claim for harassment on the grounds of her sex (pregnancy and maternity is not a relevant protected characteristic for the purposes of harassment). There is no minimum period of service for discrimination claims. 

If she has experienced bullying prior to her pregnancy, her employer may argue that there has been no difference in treatment because of her pregnancy. Therefore, it is important for your wife to demonstrate that the treatment is directly linked to her pregnancy. Assuming she can establish that, the first port of call is usually to try to resolve the issues informally. 

If an informal approach does not resolve the issue, the next step should be to formalise these concerns in line with her employer’s grievance policy. Ideally, your wife should keep an ongoing log of the increased demands and any other unfair treatment. If her line manager is the main source of the unfair treatment, your wife should consider asking to be reassigned a new manager as one of the outcomes of any formal grievance process. 

Alongside a grievance, your wife could also submit a data subject access request. This would give her access to information that her employer holds which names her, and typical requests include communications between management, HR and others. This information can help with the dispute resolution process and can provide useful evidence about the treatment she has suffered. Generally, employers are required to respond within one month.

When an employer finds out an individual is pregnant, they should carry out a workplace risk assessment to consider whether working conditions or hours should be altered. Failure to undertake or act on this assessment may be a health and safety breach or an act of discrimination.

Your wife should also consider the impact of her working conditions and work-related stress on her health. If she feels unable to work safely, she should visit her GP. If this results in her taking a period of sick leave, she could still engage with any ongoing grievance process if she felt able to do so.

If this treatment continues despite taking the above steps, your wife could consider a claim to the employment tribunal. If the situation is such that it is no longer tenable for her to work under these conditions and she chooses to resign, she may also have a case for constructive dismissal (provided she has a minimum of two years service), though this claim is notoriously difficult to bring.

Where can I invest to offset inflation?

I am currently single and in my early thirties. I have a five-year fixed-rate mortgage deal that is coming to an end in 18 months and I want to make my investment portfolio work harder to prepare for a costly remortgage and a rise in monthly outgoings. Where should I look to invest in a high inflationary, high interest rate environment? Should I avoid the UK?

Zoe Gillespie, investment manager at RBC Brewin Dolphin, says many borrowers are having to grapple with the effects of increased monthly costs. Interest rates have risen to their highest levels in over 20 years as central banks try to reduce inflation. For many, it has led to a financial health check to see if they are best placed in this changing landscape.

Paying down a mortgage from capital was less appealing in a low interest rate environment, but with the rate on an average two-year fixed mortgage now more than 6 per cent, it is more challenging to achieve investment returns higher than the borrowing costs. When deciding whether an investment is suitable, the first thing to consider is the level of risk. Cash is the lowest form of risk, but the rates of interest being paid on deposits is comparable, if not less, than what is being paid on interest on a mortgage.

The bond market offers investors potentially higher returns than cash via investments in assets issued by governments or companies. The rate of interest being paid is usually linked to the risk associated with the underlying bond. Interest is paid throughout the life of the bond and capital is returned on the redemption date. Bonds can be attractive for investors looking to achieve higher returns than cash and can be accessed through a variety of bond funds.

Longer-term investors could look at equity markets, but returns can vary depending on what you invest in. The FTSE 100 has lagged behind compared with returns for investors in the main US equivalent, the S&P 500, over the past 10 years as the US tends to have more growth companies compared with more traditional companies listed in the UK. The US has high exposure to technology companies which has been a popular sector for investment.

With any investment, it is important to have a suitable level of diversification as investments can be cyclical in nature. Having a spread of assets can cover all bases and provide smoother investment returns. There are numerous funds available so picking the right ones can be tricky. Investors should look for funds with a consistent record in terms of performance.

The Fundsmith Equity fund, managed by Terry Smith, has been popular given its geographical spread and investment flexibility. The fund invests predominately in the US, but also provides exposure to other global regions. Annualised returns over the past five years have been 11 per cent per annum, which is ahead of the current rate of inflation and fixed-term mortgage rates.

The opinions in this column are intended for general information purposes only and should not be used as a substitute for professional advice. The Financial Times Ltd and the authors are not responsible for any direct or indirect result arising from any reliance placed on replies, including any loss, and exclude liability to the full extent.

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