'We have previously reported on the growing amount of comment that appears in blogs and other postings on the internet about universities and individuals within them, usually members of academic staff or senior officers of the university. Sometimes remarks that are posted are disparaging, inaccurate and seriously defamatory of the university and individuals within it. It can be very hurtful to be on the receiving end of such libellous comments and dealing with it causes even more stress to those involved.
As the web postings are usually anonymous, it can be difficult to know what to do about them if it is not possible to resolve the matter through dialogue with the website operator. Whilst it is often possible to persuade the operator to remove the offending content, in certain circumstances it may also be necessary to pursue the authors themselves, and operators will not be willing to disclose the identity of their members voluntarily.
On 18 October, the High Court gave some guidance on when it might make an order against a website operator requiring them to disclose information about anonymous postings. The Claimants, Sheffield Wednesday Football Club and others, wanted subscriber information for a number of contributors to an unofficial supporters club relating to 14 web entries which they considered to be defamatory. The judge refused to order the information sought in relation to 9 of the 14 web entries.
There are 3 requirements for such a disclosure order to be made: 1. a wrong must have been committed or be imminent; 2. the order must be necessary for a defamation action to be brought; and 3. the party against whom the order is sought must have facilitated the wrong and be in possession of the necessary information. Requirements 2 and 3 will usually be satisfied (as they were in this case). Requirement 1 is likely to be trickier. The test is whether the web entry is "arguably defamatory". Even if the postings satisfy the requirement, the Court has discretion to refuse to grant an order and takes into account the seriousness and strength of the case. The judge found that 9 of the postings were unlikely to have been taken seriously or result in quantifiable harm and refused to order the disclosure of information about them.
The Court had to balance the website members' rights to anonymity and freedom of expression against the claimant's right to protect their reputation. The Court regarded the other 5 postings which contained allegations of greed and dishonesty as tipping the balance in favour of the claimants getting an order.
The case illustrates some of the difficulties that will need to be overcome if formal action is to be contemplated. The guidance is really interesting. It's possibly the first case of online defamation we've had in this country where the right to privacy has outweighed the right to protect a reputation simply because defamatory comments were trivial.
The judge said it was relevant "to consider whether the words complained of were, even if strictly defamatory, more than a trivial attack which would not be taken seriously...I do not think it would be right to make an order for the disclosure of the identities of users who have posted messages which are barely defamatory or little more than abusive or likely to be understood as jokes - that, it seems to me, would be disproportionate and unjustifiably intrusive..."
From: Pinsent Mason Universities Legal Briefing, October 2007
November 09, 2007
November 06, 2007
7th November 2007: Anti-bullying day at work, part 2: UCU has spoken...
'I faced public humiliation' - Higher and further education are failing to tackle bullying among staff, a new survey indicates
Roger Kline, Tuesday November 6, 2007 - The Guardian
Tomorrow is Ban Bullying at Work Day; a message that doesn't appear to have got through to all parts of further and higher education.
Roger Kline, Tuesday November 6, 2007 - The Guardian
Tomorrow is Ban Bullying at Work Day; a message that doesn't appear to have got through to all parts of further and higher education.
Academics at a major northern university claim that 42% feel intimidated at work, 37% feel their work is belittled and 24% feel they have been humiliated by bullying incidents.
The University and College Union survey of members at Leeds Metropolitan University (with a 41% response rate) suggests a management culture at odds with the university's goals of challenging received wisdom, encouraging students to think and promoting collaborative inquiry. Some 96% of respondents said they felt inhibited about positively criticising policies of Leeds Met and 63% reported witnessing bullying at work.
Treason
As one respondent put it: "There is an atmosphere of fear and a feeling that decisions cannot be challenged constructively - it is tantamount to treason"...
It is clear that some institutions struggle to acknowledge that bullying is a problem. At one institution, HSE findings of bullying in the vice-chancellor's own department led to the report being shelved until the vice-chancellor left. Another university can't be named because the allegations of bullying are themselves a possible source of litigation by the university...
O'Dell, in her original grievance, had the courage to capture the experience of many who have experienced bullying. She wrote: "Several other witnesses who have given statements to me are unwilling to share them with management, for fear of their continuing employment. Unfortunately, my faith in this organisation, and in this profession, is destroyed. The thought of working in this department fills me with dread. It is not just the treatment I have received, but the way management have condoned it through doing nothing."
Read the rest of the article in The Guardian. The University and Colleges Union has spoken... at last... and our pigeon holes are full of anti-bullying posters...
7th November 2007: Anti-bullying day at work
Today we remember... everything we have experienced, the harassment and the bullying... we also remember those who suffer silently, who fear for their jobs and their positions... we remember the silent and the vocal and active collaborators... we also remember the useless and worthless procedures and policies... we remember how inadequate they were and still are... we remember the suffering, the pain and the depression... today we have so much to remember, but we remember it every day anyway... when does closure come? Today we remember...
Ban Bullying at Work Day
November 05, 2007
Make us an offer...
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."
- 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."
November 04, 2007
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
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
November 02, 2007
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?
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?
October 31, 2007
Inspirational quote 1
"To know the value of generosity, it is necessary to have suffered from the
cold indifference of others." - Eugene Cloutier
cold indifference of others." - Eugene Cloutier
October 29, 2007
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.
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?
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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