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Billington v Michael Hunter and Sons Ltd

- An offer by an employer to allow an employee to resign on
favourable terms thus keeping a "clean" CV can be an important factor
in enabling the employee to resign and claim constructive dismissal
on the basis that the employer had breached the implied term of trust
and confidence implied into employment contracts

http://www.bailii.org/uk/cases/UKEAT/2003/0578_03_1610.html

BNP Paribas v Mezzotero

- The fact that a discussion between an employee and an employer is
described by the employer as being "without prejudice" does NOT of
itself automatically mean that evidence of that discussion is barred
from being used as evidence in a subsequent case relating to the same
subject matter.

http://www.bailii.org/uk/cases/UKEAT/2004/0218_04_3003.html

Quote: Concluding paragraphs:

"In the present case, as Mr Galbraith-Marten points out, the logical result of Mr Davies' submission is that an employer in dispute with a black employee could say during discussions aimed at settlement in a meeting expressed to be being held without prejudice, "we do not want you here because you are black" and could then seek to argue that the discussions should be excluded from consideration by a Tribunal hearing a complaint of race discrimination.

Mr Davies immediately says that such a remark would obviously fall under the umbrella of unambiguous impropriety. I agree. However, Mr Davies is then faced with the unattractive task of attaching different levels of impropriety to fact-sensitive allegations of discrimination, in order to submit that the present remarks do not fall under the same umbrella. I do not regard that as a permissible approach. I would regard the employer's conduct, as alleged in the
circumstances of the present case, as falling within that umbrella and as an exception to the "without prejudice" rule within the abuse principle, rather than it was as previously described, in terms of prejudice in the case of re Daintrey.

I do not regard this case as creating an impermissible extension to the categories of the rule, exceptions which will always fall to be considered within the particular factual context of the case and which, in the present case concerns discriminatory conduct by employers towards one of their employees. For all these reasons this appeal must be dismissed."

Innocent bystanders?

Bullying in the workplace can seriously damage staff morale, but should you intervene when you see a colleague being victimised? Karen Higginbottom investigates.

Karen Higginbottom - The Guardian - Saturday November 3 2007

'The only way that bullying would stop in that organisation is if somebody commits suicide," says 28-year-old Chloe*, reflecting on her experience of witnessing bullying in the HR department of a financial services firm in the City of London in 2005. "The woman who was being bullied was very popular and funny and worked in the same department as me. Everybody really liked her ... apart from the team leader," she recalls. "I saw everybody's bonuses and the minimum bonus was always given to this woman."

The bullying came in a subtle form, recalls Chloe. "I didn't see the team leader do anything horrible to her but she wasn't allowed to have a lunchbreak or go to the company gym and had to complete work even if that meant doing overtime."

Chloe commiserated with her beleaguered colleague but didn't intervene on her behalf. "I told her that the other woman's behaviour towards her was totally unfair. I didn't know what to do and I certainly didn't want to be labelled as a troublemaker for saying anything."

Strangely enough the woman, who was bullied over a three-year period, didn't quit the organisation. "She just shrugged it off. There was a bullying culture in the organisation, which had high expectations of performance and staying late."

Why don't people intervene when they see colleagues being bullied at work? Often it's the fear factor, says Mandy Telford, coordinator for Dignity at Work at Unite union. "People are frightened that bullying will happen to them and they will lose their job."

There is scant research on the impact of bullying on witnesses in the workplace. A project by Portsmouth Business School last year found that witnesses to bullying often suffered stress and became frightened and insecure in their job. A survey of more than 5,000 workers from 70 organisations carried out by the authors of Workplace Bullying: What We Know, Who Is to Blame and What Can We Do? (Taylor & Francis) suggests one in five witnesses of bullying leaves the company.

But some of us may not be aware that we're witnessing bullying, which comes in many forms and can be as subtle as deliberately excluding people from meetings or blatantly undermining comments about a person's appearance or performance, says Lynne Witheridge, chief executive of anti-bullying charity The Andrea Adams Trust.

"Bullying is often a brutal form of psychological torture and work is often just like the school playground, where people feel they have to join in with the bullying or they will be picked on," Witheridge says. She believes that the victim of bullying is often hurt by the lack of action by witnesses. "They might meet the target of the bully in the lift or a private place, but they don't stand up for them," she says.

She urges witnesses to intervene directly if they see bullying and to say that it is unacceptable behaviour.

This is what Helen* did when she witnessed the sustained bullying of her manager Mary* by her overall boss Annalise* at one of the departments within the UN Mission in Kosovo in 2001. "Annalise was in her mid-40s and started undermining Mary as soon as she arrived," recalls Helen. "She would speak to her in an undermining way in front of junior staff and talk to other people outside the department about the complete mess that Mary had made. Annalise's remarks had a personal edge to them. Mary came from a prominent political family in the US and Annalise would call her a 'privileged princess'." Helen believes that Annalise's bullying stemmed from a desire to make her mark on the department. "She was power-hungry and crazed."

Helen was initially quite friendly with Annalise, as she had arrived at the same time. "It took three months before the bullying became overt and Annalise lost her temper with Mary in a team meeting in a way that was utterly unprofessional."

The incident prompted Helen to confront Annalise later that day. "I told her I couldn't support her and felt she was victimising Mary, that her behaviour was unacceptable. However, the reason I was able to confront her was because I knew she couldn't fire me, as I had been directly appointed by the Foreign Office. It made a big difference."

Mary stayed on in her job but the atmosphere became very frosty, says Helen. Both Helen and Mary saw a counsellor at work as a result of the bullying and they approached the second-in-command at the UN mission in an attempt to tackle the problem.

"I talked to him and explained that Annalise had lied and undermined Mary, but nothing happened," says Helen. "In the end Mary and I left."

Unfortunately, managers are often inadequately trained to deal with bullying, says Mandy Telford. "Managers aren't given the skills to deal with allegations of bullying. Some employers are starting to take it seriously and others are still sweeping it under the carpet, thinking it's a personality clash or political correctness gone crazy."

John* works in an environmental role for a rural local authority. He has witnessed sustained bullying from a manager to a female colleagues in his department. "The manager was a bully who used to call staff into one-to-one sessions and criticise their work," says John. "There was one particular lady called Melinda* who was singled out. He criticised the way she did her work and made unreasonable requests of her that were beyond her remit." After one of these one-to-ones, Melinda came out of the room crying. I took her aside and asked her why she let him speak to her like that."

John advised Melinda on how to deal with the bully if she felt pressurised by him. "I recommended that she ask a colleague to be present in her one-to-one meetings and make notes of those meetings."

Melinda has stayed in the job and learned to deal with her bullying manager in the best way she can, adds John. "The management style of the council comes directly from the chief executive, who bullies the directors, who in turn bully the management." Management have been ineffectual in dealing with the bullying by this particular manager, says John.

"When it comes to a tribunal, people come forward as witnesses but then back out. Staff have been moved from the team rather than deal with the problem. That is how management deals with it." The bullying manager is still in the post. "The situation has affected staff morale, work efficiency and created a climate of distrust."

*Names have been changed

What to do if you witness bullying

· Let your HR department know right now. Tomorrow may be too late and you could be next.

· Help the bullied by letting them know that they are not the only person in the office to be on the receiving end (which research shows is usually the case).

· Try to encourage others in the office who may also be recipients or witnesses of the bullying to help support the bullied person.

· Don't be afraid to take action because many organisations now know the personal, health and organisational damage that bullying can cause.

· Remember that not only are you helping the individual and the organisation but research suggests that witnesses themselves can be damaged indirectly by a bullying culture ... so you may be preventing your own ill health.

Cary Cooper, professor of organisational psychology and health at Lancaster University

From: http://www.guardian.co.uk/money/2007
/nov/03/workandcareers.work

Lack of management skills main reason for workplace bullying

New research released by the Ban Bullying At Work campaign reveals that two thirds of managers believe that lack of management skills is the major factor contributing to bullying. Unrealistic targets (27%), authoritarian management styles (56%), personality (57%) and failure to address incidents (37%) are also cited as contributory factors.

Lyn Witheridge, CEO of the Ban Bullying At Work campaign, said: “It is clear that managers now acknowledge that bullying behaviour in the workplace takes many forms and creates deep repercussions.

“In fact bullying costs UK businesses £18 billion per year and one in four people has experienced bullying in the workplace. We are challenging businesses to speak out against bullying to create workplaces where employees can see clearly that bullying behaviours will not be tolerated. We want to inspire managers to speak out and instill a culture where business is not frightened to stand-up to the bullies.”

National Ban Bullying At Work Day takes place on 7th November, and more information is available at www.banbullyingatwork.com
------------------
How do we achieve inspired academic managers standing-up against workplace bullying, when the offenders are usually among their ranks?

Inspirational quote 1

"To know the value of generosity, it is necessary to have suffered from the
cold indifference of others." - Eugene Cloutier

The blind leading the blind...

Anonymous said...

You've heard of the expression "the blind leading the blind". Leeds Met is a case of the "unqualified promoting the inexperienced". The number of senior level academics, deans, associate deans and PLs who have nothing beyond an undergraduate degree has led to an environment of insecure, unqualified managers. And when people are insecure it leads to managers promoting similar types around them. And all of this is a classic environment for bullying to set in on an institutional level.

I worked at Leeds Met. I saw intelligent, PhD qualified individuals alienated, bullied and made to feel that a PhD was a handicap.

--------------------
The above situation is common (but not restricted to) many ex-polytechnics and ex-colleges now HEIs, such as Wolverhampton, Leeds Met and De Montfort. Such places tend to be strongholds of institutionalised bullying with above average rates of workplace stress. For a reasonable explanation of the phenomenon check: Bullying of Academics in Higher Education: Former polytechnics spread their wings

The Institute of Education

Anonymous said...

The Institute of Education, I can assure you is a place where bullying and harrassment takes place and the management do nothing because they are the ones that are doing it.

The internal grievance procedures are a joke, the stress that staff are put through when they make a complaint is unbearable.

All senior staff stick together and do their upmost to push out staff who complain and the silent ones either leave or work in fear.

I heard there was one school which consisted of 4 centres where 16 staff left from the period of August 06 - March 07.

The reason why the IOE do not follow their procedures because the bullies are their friends and most of the staff are dispensible.

There is one serial bully [LF] who is also Geoff Whitty's friend [kept hush, hush of course] who has bullied 6 members of staff and guess what they have all left. This bully then accuses the staff member of not being able to do their work and brings a disciplinary action against that person who has made a complaint. And yes, they do nothing and promote the serial bully.

A special place in our hearts...

University of Arts, London:

• 36 Employment Tribunal cases launched against the university since August 2001.
  
• including 16 for unfair dismissal
• 4 on sex discrimination
• 4 on race discrimination
• 3 on unspecified discrimination
• 4 for unlawful deduction of wages
• 13 cases settled out of court (with appropriate confidentiality clauses)
• 1 case upheld at the tribunal stage for unlawful deduction.
  

OK, UCU, do you see a problem here? OK, minister in charge, do you see a problem here? OK, HEFCE, do you see a problem here? OK, HEA, do you see a problem here?

Let us guess, you voiceless agencies, you say: Universities are self-governing bodies and they can look after their own affairs! Obviously they can't! The University of Arts in London is a serial offender, there are others too. Where does one go, and what does one have to do to get justice?

Spotlight on: Ban bullying at work

At least 25% of all employees will experience bullying at some time during their working lives, estimates Ban Bullying at Work.

The charity, in conjunction with the Chartered Management Institute, recently surveyed more than 500 managers and found that 66% cited lack of management skills as a contributing factor to bullying.

However, employers are being given the opportunity to highlight and challenge bullying in the workplace by getting involved in this year's fourth annual Ban Bullying at Work Day, which takes place on 7 November.

Position of power

Bullies tend to be in a position of power, explains Lyn Witheridge, chief executive of Ban Bullying at Work.

"Bullies are often insecure, weak, ineffectual and often no good at their jobs," she says. "Typically, bullying is based on personal envy, where a person might view a colleague as a potential threat to their position."

Bullying behaviour isn't necessarily in the form of outright aggression it can be much less obvious, even covert. Witheridge says that victims of workplace bullying often experience brutal intimidation, sometimes bordering on psychological torture, which may go unspotted by others.

She warns HR and employers to watch out for signs of bullying, for example managers setting up an employee to fail by not giving that person the right tools or information to do their job setting unrealistic deadlines, or constantly changing the guidelines which will eventually break down the victim's confidence and self-esteem to the point they feel completely useless in their job.

Policies are not enough

Bullying is a serious problem in the UK, and in the workplace it crosses all age, gender and boundaries - anyone can be a target. Even though HR is racing to tighten up its policies and procedures on bullying, Witheridge argues that having a standalone policy is not enough. "Putting such policies in place just creates the illusion that we are doing something about it, but everyone needs to be educated," she adds.

"You can never completely eradicate bullying because it's part of our basic human nature. Every organisation will have workplace bullying, but you can deal with it by providing harassment training to staff."

She believes HR needs to communicate with staff and actually define what bullying means to them. Ask them to think about what behaviour is and is not acceptable in the workplace.

"We all have a duty to look after the welfare of one another at work," says Witheridge. "Our campaign is about saying that enough is enough and bullying does not have to be feared. It's about everyone raising their heads above the parapet and encouraging each other to tackle it together."

Ban Bullying at Work: the facts

• More than two million people are bullied at work in the UK, and workplace bullying is a major cause of stress-related illness.
• A lack of recognition and acceptance of this very basic human behaviour is the cause of much corporate dysfunction, resulting in costly damage to both individuals and organisations.
• The Ban Bullying at Work Day (7 November) campaign is independent and is calling for all organisations to get involved.
• Participate on the day by taking ownership of the issue and raising awareness of bullying in your workplace.
• For further information, visit the Ban Bullying at Work website at www.banbullyingatwork.com
  

From: http://www.personneltoday.com

Tactics against bullying at work

...There's a lot written about bullying, especially about:

• how common it is (the answer: it's all too common);
• what happens to targets (the career, psychological and health effects can be devastating);
• what management should do (adopt policies and actions).

However, management can't be relied on to solve every problem. Furthermore, often management is the problem: favoured managers are the bullies.

From the point of view of an individual being bullied, the alternatives don't look good. If you put up with the abuse, it will probably continue. If you resist, it may get worse. Many advisers say the best option is to leave.

Is it possible to resist effectively? Sometimes it is, but you need skills and psychological toughness. And you need to know what tactics to use. That's what I tell about here: tactics...

Perpetrators typically use five methods to reduce popular outrage.

(1) Cover-up: the action is hidden. Torture is nearly always carried out in secrecy.

(2) Devaluation of the victim. When the victim is perceived as dangerous, inferior or worthless, what's done to them doesn't seem so bad. Protesters are called rabble and rent-a-crowd. Enemies are said to be ruthless and untrustworthy and sometimes labelled terrorists.

(3) Reinterpretation. A different explanation is given for the action, making it seem more acceptable. Or someone else might be blamed. Protesters are said to be provocative. Their injuries are claimed to be slight. Treatment of prisoners is said to be "abuse," not torture.

(4) Official channels. Expert investigators, formal inquiries or courts are used to give a stamp of approval to what happened, leading to an appearance of justice without the substance. An inquiry into police beatings might take years and lead to minor penalties against a few scapegoats. Meanwhile, public anger dies down and the problems remain.

(5) Intimidation and bribery. Victims and witnesses are threatened or given incentives to keep quiet and not oppose what happened. Witnesses to police brutality might be threatened should they speak out...

To increase outrage from bullying, you need to challenge the five methods. Here's the general approach.

(1) Expose the bullying.

(2) Validate the target, by demonstrating good performance, loyalty, honesty and other positive traits.

(3) Interpret the bullying as unfair, and explain why contrary explanations are wrong.

(4) Mobilise support. Avoid official channels or use them as tools in exposing the unfairness.

(5) Refuse to be intimidated or bribed, and expose intimidation and bribery...

People high up in organisations nearly always support the chain of command. A top manager will almost always support subordinates in the face of challenges from lower-level employees.

Grievance procedures have many disadvantages. They are:

• Slow - it could take months for your matter to be dealt with, while the bullying continues or you are left in limbo.
• Procedural - the focus is on technicalities, not the unfairness of the behaviour.
• Time-consuming - you end up spending vast amounts of time and effort preparing submissions and responding to queries.
• Expensive - if you need legal assistance.
• Hidden - matters are handled without publicity, and often confidentiality is expected. This serves as a form of cover-up...

Here are some ways to deter bullying.

Collect lots of information about your own good performance. Keep copies in safe places. If you plan to act against corruption or bad practices, collect extensive information to back up your claims.

Develop your skills in speaking and writing. Know how to talk with others. Learn how to write persuasive accounts, how to prepare a leaflet, how to run a publicity campaign and how to set up a website - or have reliable friends willing to assist.

Avoid doing things that can be used against you. If you spend much of your time bad-mouthing others, getting others to do your work, and claiming credit for what you didn't do, you can't expect support when the crunch comes. Have others help you gain insight into being collegial, collaborative, approachable and civil.

Be prepared to survive. You may need financial reserves. You will need psychological strength. You need exercise and good diet to maintain your health. You need supportive relationships. When you come under attack, you may need all your reserves: financial, psychological, physical and interpersonal. If you're living on the edge, you're more vulnerable.

Build alliances. There is great strength in collective action. If you have a decent union, join it and be active.

Develop options. Find out about other potential jobs. Think about a career change. Consider downshifting to a less costly lifestyle. Sometimes it's better to walk away from a stressful job. If you have such options, you're actually in a stronger position to resist, if that's your choice.

Help others. If you assist other workers who are bullied, you develop useful insights and skills - and others are more likely to help you should you need it...

From:
http://www.uow.edu.au/arts/sts/bmartin/pubs/07bullying.html

University of GlamXXXX is awarded 'Divestors of People' standard

University of GlamXXXX is awarded 'Divestors of People' standard. For more info check the Hall of Shame.

This university meets at least 50% of the criteria, including: cronyism, incompetence, favoritism, or inequality, disguise of management failures, internal grievance procedures are used selectively by managers - against staff, and some academic managers are untouchable despite their failures.