Expired disciplinary actions...

'Expired disciplinary warning cannot be taken into account when considering the sanction for subsequent disciplinary offence.

Thomson was employed in a factory where raw chemicals are processed by way of chemical reactions to produce chemical compounds. The process is highly regulated and there is a constant risk of accidents in the form of explosions or leakage of chemicals. Therefore, all employees are required to follow Diosynth's safety, health and environmental rules of procedure (SHERPS). Thomson accepted that he was well aware of this, had been trained in, and understood the importance of, the process he was required to follow in relation to the role he performed.

In July 2000, Thomson was issued with a written warning and suspended without pay for three days for failing to follow a SHERPS rule which had resulted in a chemical leakage. Thomson assured his manager this was an isolated incident and he would always follow procedure in future. He was told that any failure to do so would result in disciplinary action. The written warning was to last for 12 months.

Fifteen months later, following an explosion in which an operator died, a thorough investigation was carried out into adherence to the SHERPS rules. It was discovered that 18 operators, including Thomson, had failed to follow the same SHERPS procedure that Thomson had previously failed to follow. All 18 operators were disciplined.

Thomson accepted that he had failed to follow the procedure on three specific occasions and had falsified the records to indicate that in fact he had done so. Thomson was dismissed summarily. Diosynth made it clear that without the previous warning, Thomson would not have been dismissed.

The tribunal decided that Diosynth was entitled to take the previous warning into account as part of the relevant history of events and that the dismissal was fair. However, the EAT and the Court of Session (the equivalent level of appeal in Scotland to the Court of Appeal in England & Wales) disagreed. The Court of Session found that Diosynth was not entitled to use the time-expired written warning as the basis for taking more serious disciplinary action than otherwise would have been taken. The dismissal was unfair.

Key points

• A warning which is allowed to remain on an employee's record indefinitely will not normally be consistent with good industrial relations practice.
• If an employer expresses a warning to be valid for a specified period of time, it is unfair to take that warning into account as a determining factor after the warning has expired. The Court of Session stated that the employer cannot complain if it is later unable to rely upon the expired warning.
• The Court of Session reiterated that the Acas Code of Practice should form the basis on which an employer's conduct is judged and should be used by tribunals as a guide to good industrial relations.

What you should do

• Handle expired disciplinary warnings with care. Do not rely on them as a key factor in tipping the balance between dismissal and a lesser disciplinary sanction.
• Give thought to the duration of any disciplinary warning at the time it is issued. Bear in mind that it will normally be necessary to fix an expiry date for the warning.'

From: http://www.personneltoday.com/

The monster in the mirror

...Although Freud published his study 'On Narcissism' in 1914, NPD wasn’t officially recognised as a personality disorder in the US until the 1980s... In the UK, there has been an ambivalent response to the apparent problem. Partly because, for a number of years, some psychiatrists questioned whether NPD and other personality disorders existed at all, while others believed they were simply untreatable. The change came in the 1990s, spurred by the government’s growing concern for the safety of the public after several attacks by people suffering from “severe and dangerous” personality disorders, and demands that they should be treated...

In Greek mythology, Narcissus, the handsome young Thespian, epitomises the concept of destructive self-love. According to the legend, Echo the nymph falls in love with Narcissus, but since she has been stripped of the ability to form her own words, she can only repeat what she hears. Narcissus, enamoured of his image reflected in a pool, addresses himself and says, “I love you,” repeated longingly by Echo. Narcissus, however, is too self-absorbed to see, hear or react. He eventually dies of languor, neglecting to eat or drink. Echo dies from a broken heart. In the myth, falling in love with one’s own image is seen as punishment for being incapable of loving another. In reality, NPD, at its most extreme, can lead to murder...

NPD appears to affect men more than women. A person with NPD is spectacularly lacking in curiosity or concern for others, but can easily simulate both if it ensures the continuation of what psychiatrists call “the narcissistic supply” of uncritical admiration and adulation.

In Narcissism: Denial of the True Self, first published in 1985, the American psychiatrist Dr Alexander Lowen refers to the case of Erich, brought to him by his girlfriend, Janice. Dr Lowen asks Erich about his feelings. “Feelings!” Erich replies. “I don’t have any feelings… I programme my behaviour so that it is effective in the world.”

...So, how do you know if a person has NPD? Mental-health professionals in Europe and the US draw on two sets of guidelines that are regularly updated by international groups of psychologists and psychiatrists to help make a diagnosis. The ICD-10, the World Health Organization’s classification of mental and behavioural disorders, published in 1992, lists nine categories of personality disorder, but does not include NPD.

In the US, the Diagnostic and Statistical Manual of Mental Disorders was first published by the American Psychiatric Association in 1952, in part to provide a benchmark for insurance companies handling medical claims. The fourth and current version (DSM-IV), published in 1994, lists 10 categories of personality disorder (see page 27) of which NPD is one. (DSM-V is due to be published in 2010.) DSM-IV also gives a list of nine characteristics, of which a person has to have at least five before NPD is considered.

The nine include a grandiose sense of self-importance; preoccupations with fantasies of success, power, brilliance, beauty or ideal love; a belief that he or she is “special”, only understood by other “special” people; a need for admiration; a sense of entitlement or unreasonable expectations of favourable treatment; exploitative, taking advantage of others to achieve his or her own ends; unwillingness to recognise or identify with the needs of others; envious of others, or thinks others are envious of him or her, and arrogance.

In its most extreme form, known as malignant narcissism, paranoia and physical aggression may also be displayed: Stalin, Hitler and Saddam Hussein come to mind. In the rich and successful, many of the characteristics of NPD are of course seen as positive attributes. In a 2005 study, the psychologists Belinda Board and Katarina Fritzon at Surrey University found that three personality disorders, including NPD, were more common in managers than in criminals...

How narcissistic are you?

• If a person displays five or more of the following traits, they are likely to have narcissistic tendencies
• A grandiose sense of self-importance (eg, exaggerates achievements and talents, expects to be recognised as superior without commensurate achievements)
• Is preoccupied with fantasies of unlimited success, power, brilliance, beauty or ideal love
• Believes that he or she is ‘special’ and unique, and can only be understood by, or should associate with, other special or high-status people (or institutions)
• Requires excessive admiration
• Has a sense of entitlement, ie, unreasonable expectations of especially favourable treatment or automatic compliance with his or her expectations
• Is interpersonally exploitative, ie, takes advantage of others to achieve his or her own ends
• Lacks empathy: is unwilling to recognise or identify with the feelings and needs of others
• Is often envious of others or believes that others are envious of him or her
• Shows arrogant, haughty behaviours or attitudes
  

From: http://women.timesonline.co.uk
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The question to ask is: How many managers in Higher Education are simply narcissistic bastards?

The worst of slaves: Linking collective corruption with stress

...A feature of corruption is that it appears to cause no stress to its perpetrators, even though they are acting against themores of the wider society. One possible explanation is that many people comply with corruption as a mechanism for avoiding stressful conflict within their organisation...

...Sanctioning of corruption is likely to occur when corporate interests dominate three sets of conflicting value systems: that of the self, that of the corporation and that of the public. In situations when an individual’s values, in the context of society as a whole, are likely to be in conflict with the organisational ones, work will be carried out only under orders. These orders may be explicit or implicit, perhaps couched under ‘business necessity’. It can be accepted that in this situation, internal personal conflict could cause stress at an individual level, but it is not known if this would be a group phenomenon.

This form of sanctioning may appear to absolve staff lower down the organisational hierarchy of the responsibility to make personal moral choices, thereby removing a cause of stress. But it also implies a lack of control, which itself can cause stress. However, even with sanctioning, for corruption to take root, compliance is essential.

...Compliance to corruption may happen in unexpected ways. A series of experiments conducted at Yale University showed that normal, ordinary people are capable of inflicting severe pain on other human beings in following orders and doing their duty...

...Of all aspects of institutionalisation of corruption that may be linked with stress, the one that is most disturbing is that of creeping induction: The essence of the process involves causing individuals, under pressure, to take small steps along a continuum that ends with evildoing. Each step is so small as to be essentially continuous with previous ones; after each step, the individual is positioned to take the next one. The individual’s morality follows rather than leads. (Darley, 1992) The implication is that once a new employee becomes a member of a corrupt organisation, there is no going back. They will accept and carry out corrupt orders. The moral conviction and courage needed to go back is so stressful that individuals prefer to comply...

1. Collective corruption can cause individual stress
2. Many become compliant to collective corruption and in order to reduce stress
3. Compliance is associatedwith strong group identification, setting the stage for institutionalisation of corruption
4. High-identifiers may feel stressed when the group is threatened andmay complywith corrupt practices to cope with the stress
5. However, newcomers and others who do not identify strongly with the group may still feel stress in complying with corruption and become whistle blowers

First published in Stress News, the Journal of the International Stress Management Association [UK], Volume 17, Number 4 October 2005.

From: http://www.isma.org.uk/stressnews.htm

Narcissistic Personality Disorder

The serial bully displays behaviour congruent with many of the diagnostic criteria for Narcissistic Personality Disorder. Characterised by a pervasive pattern of grandiosity and self-importance, need for admiration, and lack of empathy, people with narcissistic personality disorder overestimate their abilities and inflate their accomplishments, often appearing boastful and pretentious, whilst correspondingly underestimating and devaluing the achievements and accomplishments of others.

Often the narcissist will fraudulently claim to have qualifications or experience or affiliations or associations which they don't have or aren't entitled to. Belief in superiority, inflating their self-esteem to match that of senior or important people with whom they associate or identify, insisting on having the "top" professionals or being affiliated with the "best" institutions, but criticising the same people who disappoint them are also common features of narcissistic personality disorder.

Narcissists react angrily to criticism and when rejected, the narcissist will often denounce the profession which has rejected them (usually for lack of competence or misdeed) but simultaneously and paradoxically represent themselves as belonging to the profession they are vilifying.

Fragile self-esteem, a need for constant attention and admiration, fishing for compliments (often with great charm), an expectation of superior entitlement, expecting others to defer to them, and a lack of sensitivity especially when others do not react in the expected manner, are also hallmarks of the disorder. Greed, expecting to receive before and above the needs of others, overworking those around them, and forming romantic (sic) or sexual relationships for the purpose of advancing their purpose or career, abusing special privileges and squandering extra resources also feature.

People with narcissistic personality disorder also have difficulty recognizing the needs and feelings of others, and are dismissive, contemptuous and impatient when others share or discuss their concerns or problems. They are also oblivious to the hurtfulness of their behaviour or remarks, show an emotional coldness and a lack of reciprocal interest, exhibit envy (especially when others are accorded recognition), have an arrogant, disdainful and patronizing attitude, and are quick to blame and criticise others when their needs and expectations are not met.

From: http://www.bullyonline.org/workbully/npd.htm

Anonymous said...

Anonymous said...

A member of staff from the university of Glamorgan did not approve of misinformation being sent to the NERC. Alan Guwy was dismayed by the correction made by this member of staff and decided to instigate an investigation against that member of staff, using information that he already obtained seven months earlier from that member of staff. The university HR religiously supported Guwy's convenient actions and the member of staff was found to be in breach of the employment contract, despite the fact that such information was made available to Alan Guwy and Guiliano Premier of the Sustainable Environment Research Centre in Wales seven months earlier.
----------------
Can somebody tell this person that a retrospective application of discipline or investigation into an alleged gross-misconduct claim is dodgy, fishy and malicious. What is the real agenda here? If the employee was in breach of contract seven months ago, then why did the responsible line manager do nothing about it at the time? Not very professional of the line manager to let it go for so long, is it? Or did he simply forget it, in which case was it really gross-misconduct?

Race case panel finds faults from above - Bradford University, UK

Bradford University has admitted that poor management has damaged staff relations, after a two-year investigation into allegations of racism that have torn apart its School of Health Studies. But a grievance committee found no evidence of race discrimination in the school, in the first of a number of race-related grievances taken out by black members of staff in the school's nursing division.

Despite a senior manager's admission of racial tensions within the nursing division in a memo last year, which reminded staff of their duties under the Race Relations Act, the university concluded this week that racism could not be proved. However, the division had been managed poorly and staff relationships had been damaged.

One black lecturer in the school, whose case was the first to conclude this week, has waited since June 2005 to hear the verdict.

In a case set to trouble a university that has made its commitment to "confronting inequality" part of its corporate identity, and in a city renowned for race-based social tensions, the academic, whom The Times Higher agreed not to name, will appeal against the decision. She said she would take the university to an employment tribunal if she was unsuccessful.

Bill Gulam, who represents the black staff involved in the grievances for the University and College Union and who has served as an equality specialist on the union's executive, said: "The findings are staggering. The university appears more interested in ignoring the race dynamic than attempting to improve it."

The Times Higher has learnt that Bradford's own "race-equality champion", professor of diversity Uduak Archibong, who is based in the school, has been the victim of racial abuse. Jeff Lucas, the deputy vice-chancellor, wrote in a memo to staff in 2000: "Many of you will know that over the last 20 months Udi has been the victim of a series of malicious and often racist messages, posters and mailshots."

The latest material had "emanated from the nursing photocopying machine", he said, adding: "It is incongruous that these episodes are happening among us." The perpetrator of the abuse was never caught.

While the direct abuse stopped after Professor Lucas's action, a source in the department told The Times Higher that tensions rose again around 2002.

A year later Professor Archibong and five other academic members of staff met with the aim of cataloguing their individual experiences of discrimination. They planned to use the dossier as evidence in a collective grievance.

In June 2004, Professor Archibong withdrew from the process. In August of that year, she was made professor of diversity. Three members of the group filed individual grievances, the first of which concluded last week.

Professor Archibong emerged during the grievance hearing as a key witness for the university. Despite evidence from other staff of a long-standing black white divide in the nursing department, the professor told the hearing there was no division along racial lines. She also requested that documents listing her experiences be destroyed.

The first grievance claim alleged that Annie Topping, head of nursing from 2002, had racially discriminated against the complainant, and that the dean of the School of Health Studies, Gwendolen Bradshaw, had allowed a racist culture to develop.

The panel concluded that, because several white staff had also complained about Dr Topping's management style, it was unable to conclude that her ehaviour was racially motivated. It found no evidence of racism against Professor Bradshaw. But it acknowledged that the university had failed in its duty to promote good relations within the university and recommended that the complainant be considered for promotion.

Dr Topping has since left Bradford for a chair in health and social science at Huddersfield University. She was abroad and unavailable for comment this week.

Dr Gulam has criticised Bradford's handling of the 25-month grievance process. He said that, after he complained that threats were made to witnesses by staff members, the committee carried out an investigation but did not reveal the outcome. But when Professor Bradshaw complained that Dr Gulam had bullied her, he was banned from appearing in the same room as the dean during the hearing.

The Times Higher understands that the committee was unable to establish that Dr Gulam had done anything more than ask the dean the same question several times in an assertive manner. On one occasion the hearing chair accused Dr Gulam of blasphemy after he used the expression "My God", and he was formally cautioned.

The Times Higher has also seen a petition in support of Dr Topping and signed by her deputy, circulated among staff in 2006. The petition, which was signed by white academic staff only, was not allowed as evidence to the hearing. Following discovery of the petition, Professor Bradshaw sent out a memo reminding staff of race relations law.

Dr Gulam, who works at Salford University, said: "Given the university's location and intake, its public image and national and international consultancy work and its involvement on race and equality issues, the conclusion reached by [the grievance committee] is disappointing."

Bradford's vice-chancellor, Mark Cleary, said: "We take any complaint by our staff very seriously, and the process we have instigated to resolve this particular case has been rigorous and comprehensive.

"We work hard to uphold our core value of 'confronting inequality, celebrating diversity', and the lengths we have gone to ensure the integrity of this procedure are testament to that. We are one of a few universities in the UK to have achieved Investors in People status across the institution."

From: http://www.thes.co.uk

Britain given stark warning on race relations

Britain, proud of its cultural, ethnic and religious diversity, remains a country deeply divided along racial lines where communities lead "parallel lives" and inequality, exclusion and isolation is suffered by many, a recent major report by the Commission for Racial Equality (CRE) said.

The CRE, founded under the Race Relations Act of 1976, has worked tirelessly for the goal of an "integrated Britain." Last month, it summed up the fruits of its labour in its final report on race relations, entitled: A lot done, a lot to do. From October this year, the CRE will move away from its single- issue focus of race discrimination to become part of the new Commission for Equality and Human Rights.

Its "final legacy document" on race relations makes uncomfortable reading for government departments and other institutions accused by the CRE of failing to meet their obligations on tackling discrimination. The report, while stressing that some public bodies, including the criminal justice agencies, had made "huge strides" in the area of race relations, said that a number of government departments, such as health, education, home and foreign affairs, had failed to root out discrimination.

Ethnic segregation, residentially, socially and at the workplace, remained in Britain, said the report. "Extremism, both political and religious, is on the rise as people become disillusioned and disconnected from each other," it said. Thanks to race relations legislation, it was no longer possible, and "morally inconceivable," to practise open discrimination in Britain, such as putting up signs barring blacks from boarding houses, said the CRE. "But let's not kid ourselves. Britain, despite its status as the fifth-largest economy in the world, is still a place of inequality, exclusion and isolation."

"The simple fact is despite the progress that has been made, if you are an ethnic minority Briton, you are still more likely to be stopped by police, be excluded from school, suffer poorer health treatment and live in poor housing.According to figures released by the CRE, employment is the leading issue among ethnic minority communities. "Racism is still rife in the workplace," said the CRE. From a total of 5,000 complaints received over the last six month, 43 per cent were linked to employment.

"After 30 years of race relations and legislation protecting ethnic minorities at work, the CRE is appalled that racism is still widespread in workplaces across Britain."The most common complaints cited were workplace bullying, lack of career progression and being unable to secure interviews, as the number of race discrimination cases submitted to employment tribunals rose by a quarter last year.

National unemployment figures show that the unemployment rate for ethnic minorities stands at over 11 per cent - twice the national average. They also showed that a black person is three times more likely to be out of work than a white person. In addition, there were signs that society was "fracturing," warned the CRE report. "The pace of change in Britain over the last few years has unsettled many, and caused people to retreat into and reinforce narrower ethnic and religious ties.

"Tensions often arose from the "fear of difference," leading to diversity becoming a source of division rather than strength," the CRE said. "We live in a society where people may live side by side, occupy the same spaces and schools and shop in the same high streets, but too often they lead parallel lives that never meet," it said. The report's conclusions follow a stark warning by former CRE chairman Trevor Phillips last year, in which he said that Britain was "sleepwalking into segregation.

"The government, while stressing that it did not accept all of the CRE's findings, promised "positive and robust action" to address the concerns identified."The national picture on cohesion is a positive one. There is more that binds us together than divides us," said a spokesman for the Department of Communities and Local Government.

From: http://www.earthtimes.org/articles/show/118529.html

Managing moral panic

Fire is the best metaphor for understanding it. It can burn you in a flash. Out of control, it consumes everything. To be near it is risky. Failing to notice it can mean losing your life. Managed well, it gives the power of Prometheus.

It is passionate, collective craving to get rid of someone in order to ease anxiety and fear, and make everything right again. Mass hysteria it may be called, or sometimes zealotry, mob violence, witch-hunt, lynching, or the rule of crowds. A classical sociological label is moral panic.

You may have said at some time that moral panic has no place in a university, that here intellect controls emotion, reason rules passion, sobriety prevents frenzy, intellectual independence subverts conformity, and multicausal science disallows singlemindedness. This is the myth academe turns on. As an administrator, you have a duty to proclaim and defend the myth. You do not need to believe it...

To greater or less degree, moral panic fuels the effort to rid your academic unit of Dr. PITA. His name implies so much, at the times encourage it. Your ethnics tribunal, if it is staffed by true believers in its aims, is a tinderbox of hysteria... the tribunal encourages single-issue obsessions and an unbalanced, moralistic mentality...

From: "Eliminating Professors. A Guide to the Dismissal Process", by Kenneth Westhues, published by Kempner Collegium, 1998.

The bystander effect...

"The bystander effect is watching some evil take place, but since we are watching with others who are watching, and no one seems to be doing anything about the evil, we go on watching and doing nothing about it."

Carol Bly, Changing the Bully Who Rules the Wordl, 1966, in the chapter entitled "Evil in the Cofortable Herd." Also quoted in "Eliminating Professors. A Guide to the Dismissal Process", by Kenneth Westhues, published by Kempner Collegium, 1998.

Celebrate National Ban Bullying At Work Day - UK

Auracle Music and Beat Bullying, the UK's first national anti-bullying children's charity that aims to stop bullying where it starts, present an afternoon of music, poetry, art and performance on Sunday, November 4th at the Ram Jam Club, Kingston-Upon-Thames.

November is an important month for developing public awareness of anti-bullying causes, with National Ban Bullying at Work Day taking place on November 7th and Anti-Bullying Week happening during November 19-23.

That's why we're kicking off the month's activities with a special fundraiser event filled with exciting performances and displays of work by a diverse group of international artists and performers, many of whom have, themselves, been targets of workplace bullying.

The preliminary scheduled lineup includes performances by Tiramisu (soprano and accordian duo), Lizard (folk rock band), Artressa Phunding (performance art), the Lori Fredrics combo with bassist, Eric Rupert (jazz), poems by Jane Doe, projected images by Lin Johnson, Joan Mallon and others, and special guest artists TBA.

Admission is £10 with all proceeds going to benefit Beat Bullying. Lunch service is available for purchase from 1:00 p.m. with performances starting at 2:30 p.m. and lasting until 5:00 p.m.

For further details and directions visit: www.ramjamclubkingston.co.uk
or www.auraclemusic.co.uk/beatbullying.html