March 05, 2008

Rectify Failures of Unison (and other unions) - Petition

Description/History:

I have been employed in the public sector for 20 years, NHS also a paid member member of Unison for 18 years. In 2005 I raised a Grievance against my employer re Bullying and Harassment in the workplace. I feel that if Unison would have allowed me Legal Advice earlier in this matter it would have been resolved much sooner.

Petition:

We, the undersigned, call on Gordon Brown, the Prime Minister to refuse any further donations from Unison to fund the Labour Party. These funds should be made available to allow victims of Workplace Bullying easier access to Legal Advice. As unlike criminals we are not allowed Legal Aid. There are many of us who have lost not only our careers, families, friends, homes but even our sanity.

Sign the petition
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Also:

UNISON CLAIM

A contact is making a claim against UNISON in an English County Court. She is trying to make a dossier to present to the court re Unison's patern of inaction. She's hoping for emails with

* Short summary
* Name
* Membership Number
* Area Unison Office

She does not need anyone to give private addresses and will treat details in the utmost confidence.

If the judge can see what is common behaviour of Unison and others it could be beneficial to her and to all trade unionists.

More info at: http://www.employees.org.uk/
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Also some stories regarding union inaction and/or wrong action:

...One sign of a union trying to divert money away from helping members is when the solicitor is provided at the very last minute - late enough to use the member's own work but too late to do any more and early enough to settle and take a success fee. The typical scam is that there is no clear contract about what's available to members, so an official has to nominate a case to the organisation's solicitor. The member's status is so low in the union hierarchy that s/he might not even meet the official: rejection might be passed via a volunteer, even in a case is strong enough for a private lawyer to win. Or, after pretended misunderstandings and difficulties getting clear answers, there is a sudden change of mind and the member is referred to a named solicitor. A rep reported to me that the union would back me if I submitted by own complaint form to the tribunal. I was given an hours' interview. I asked for my own choice of lawyer but was forced to use one on the other side of town that an ex-colleague had complained about before.

This inflexibility meant something, but I was not sure what it meant and vaguely gave the union the benefit of my doubt. The union had missed basic time limits, and during this interview the lawyer did not want the hassle of reading the disability discrimination questionnaire, the grievance letter, understanding time limits or looking at the evidence which I had in bags full. Nor of course did he tell me the the union had missed basic time limits, although I suspect that he told them when I complained about him
...

...One reason for union misbehaviour is that disgruntled members are often exhausted, sometimes sick, sometimes looking after new babies, or hoping to keep up appearances at the next employer. They are as unlikely to sue as people who buy fake viagra, and unions know this. In commercial terms, these members are often at the end or their relationship with the union and out of touch with new recruits. Unions know this too. It only takes a vague contract in an obscure rule-book that members don't even see till they are sacked and desparate and the chance of being sued for ripping-off members can be reduced to almost nil...

...A Carlisle teacher who sued the National Union of Teachers (NUT) for failing to give her legal advice when she ran into difficulties at her school has won her case. Joanne Sherry, 48, paid £3,000 over 23 years to be a member of the country’s largest teaching union, but when she sought help from its officers they failed to act on her behalf. Miss Sherry, who taught at Trinity School, asked for help from her union in 2000 when she felt she was being bullied and intimidated by former head teacher Mike Gibbons.

She successfully fought her case at Newcastle County Court yesterday in what is believed to be the first of its kind in the country.


With a mounting workload and a breakdown in communication between Miss Sherry and the school’s management, she began to suffer from work related stress. NUT officers, Mike McDonald and Bryan Griffiths, advised her to stay off work until Mr Gibbons left the school in October 2001. The school also issued Miss Sherry with a letter in December 2001 outlining six allegations against her. She was suspended from school for a year. Miss Sherry says these allegations were designed to cause her undue stress and anxiety and force her to resign. She refused to do so and continued to battle for an investigation into the allegations against her.


But, despite continuing to plead for assistance from the NUT, nothing happened. Union reps failed to accompany her to meetings, did not return her phone calls and e-mails and refused to give her proper advice. Eventually, in 2002 she reached a compromise agreement with her employers and left the school due to ill health.


District Judge Alderson said: “The NUT had Miss Sherry over a barrel. They basically told her if she didn't accept their advice then that was it. They washed their hands of her.”


After the case Miss Sherry told her local newspaper: “I feel justice has been done. The NUT refused to give me advice on the procedures of my employers and refused to accompany me to disciplinary hearings. It failed to pursue my grievances."
The NUT must now pay Miss Sherry £3,800.

Factual note 1: Joanne Sherry discovered cheap legal insurance bundled with her home contents insurance after the National Union of Teachers refused to help her, so she used that instead and won her case. Her next job was for the county court service. She sued the National Union of Teachers for her wasted subscription.

Factual note 2: NUT fought the case and threatened Joanne Sherry with extra-ordinary costs if she lost. The NUT then refused to pay without a bailiff visit.

Factual note 3: Hamilton v GMB is a case of a long-serving volunteer rep badly treated by his union because officials believed he told members of another legal deal available at Stefan Cross solicitors, who were no-win no-fee, during negotiations on equal pay. The union held that their second-rate pay negotiation was better for members in the long term than a short-term victory by a no-win no-fee lawyer about equal pay.

Other GMB cases in the appeal tribunal have been about disgruntled ex-GMB staff, rather than the GMB making case law for its members.


Factual note 4: UNISON v Jervis is another case of someone suing a union for bad service - in this case at Watford Employment Tribunal for discrimination, followed by an appeal from the union side. They paid two barresters and a city solicitor to argue their case, while their service to the member had been a volunteer who had "spoken to" a paid official before the two of them decided not to back a case. It was a case the member went-on to win with a private lawyer
...

...Reality is more like this: A thief mugs you and steals your video. You know there is a problem of thieving and track the boy down because there is no crown prosecution service or police force for employment law. You have to prosecute the thief privately, thinking "the stress is bad for my health and career, but someone has to do this". Then the judge says "what efforts have you made to watch other channels and reduce your losses caused by the thief's removal of your video?". In the judge's eyes, the video belonged to the thief all along. "Anyway, it is all a long time ago and the boy has moved-on to armed robbery and extortion. The fact that you were in hospital after being mugged can hardly excuse your late prosecution, and the fact that you managed to prosecute makes me wonder whether you were ill at all...

From: http://www.employees.org.uk/

March 01, 2008

Kingston University witness intimidation

This file shows evidence of public officials in the UK sending threatening letters to former employees and their solicitor designed to intimidate them into turning over all existing copies of key evidence of corruption at a major UK higher education institution, Kingston University, committed by public officials associated with the University and with the NHS.

Such intimidation represents attempts to pervert the course of justice. The evidence includes support for the notion that the sender of the threats, University Secretary, Donald Beaton, did so with knowledge and approval of the University's Vice-Chancellor, Sir Peter Scott, a close confidante and advisor to now former Prime Minister, Tony Blair.

Furthermore, the evidence that is referred to in the letters implicates Colin Watts, member of the Board of Governors of the University and high level NHS official, who was formerly Personnel Director at St. George's NHS Trust during the highly publicized scandal involving the coverup of fraudulent cancelled operation statistics, in which Finance Director, Ian Perkin was sacked for refusing to cooperate with the coverup. Hence the University and Mr Watts has a high level of motivation to see to it that this story does not see the light of day.

The audience [for this story] is the general public, but especially NHS and HE workers, as well as the wider community of legal scholars. It has been leaked in order to expose the truth about the level of corruption found in British HE and NHS organizations, leading up to the level of the Prime Minister's office.

From: http://wikileaks.org/wiki/Kingston_University_witness_intimidation

February 29, 2008

Expression of support for Howard Fredrics

To: press@kingston.ac.uk
Sent:
Friday, February 29, 2008 8:19 AM
Subject: Expression of support for Howard Fredrics

I would like to express my concern about the workplace mobbing problems at Kingston University. I am particularly concerned about the case of Howard Fredrics, who used to be employed as a senior lecturer in music.

I understand that eleven colleagues 'paid him back' for making a complaint of administrative ill-treatment. And that their behaviour has affected Howard's health and his career. I understand that one other academic at your university has already been driven to suicide by workplace abuse.

I urge all members of the staff of Kingston University to desist from workplace abuse and mobbing behaviour.

XXXXX XXXXX
Edge Hill
Queensland

February 27, 2008

Howard Fredrics seeks redress at Kingston University (UK)

The bureaucratized university plays havoc with bright, creative minds. In July of 2006, Diana Winstanley, a 45-year-old professor in the School of Human Resource Management at Kingston University, hanged herself. As at many other universities, a significant number of faculty have been on leave in recent years for occupational stress.

American-born Howard Fredrics, a senior lecturer in music at Kingston until his formal dismissal in 2006, has published a well-documented multi-media website on the conflict that led to his ouster and his efforts since then for redress, and on similar conflicts involving other faculty at Kingston. The website is also useful for its critique of British employment law, in particular the easily abused "some other substantial reason" for an employee's dismissal. Of particular interest in Fredrics's own case is the ganging up of eleven colleagues and their filing a collective grievance against him, apparently with the administration's encouragement, following his own formal complaint of administrative ill-treatment.

The mire of legal twists and turns since then is deep, involving charges of witness intimidation, anti-Semitism, and much else.

From: http://www.arts.uwaterloo.ca/~kwesthue/mobnews06.htm#KIN

Howard needs our support and our solidarity. He is facing difficulties that show bias against him by the legal system. His health is suffering, his career more than likely ruined, and the financial cost has been huge.

Please write emails of complaint and support for Howard to Kingston University Press Office: press@kingston.ac.uk

Howard's supportive local MP is Vincent Cable:

Constituency Office:
2a Lion Road, Twickenham TW1 4JQ, England

Phone: 020 8892 0215, 020 8892 0218

Vincent Cable should be encouraged to take the matter further.

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Do nothing and watch from the sidelines as an academic career and life is ruined, or do something however small, for if we all do it then it may have some impact. Please act today.

Teachers take bullying claim to commission

Staff at the Conservatorium High School claim the Department of Education has failed to protect them from bullying.

In the NSW Industrial Relations Commission yesterday, teachers said the department had failed to carry out a risk assessment of workplace bullying at the prestigious music school, which the Teachers Federation said had been promised as early as November 2005.

Two teachers have complained to their union of their treatment by the school's principal, Robert Curry. The federation said one of those allegations had come before the commission last year.

One of the complainants, Allan Scott-Rogers, was dismissed by Dr Curry on the final day of term last year.

Dr Curry said yesterday he could not comment and he had been instructed to send inquiries about the case to the department's media office. The department said it was unable to comment because the matter was before the commission, but it said at the time of Mr Scott-Rogers's dismissal that his termination was the result of subject changes.

The federation's industrial officer, Joan Lemaire, told the commission that members had asked the department for a risk assessment and risk management plan following the commission complaint last year. But the department resisted until Tuesday night, after the federation had lodged a dispute with the commission.

"There was no risk management plan or risk assessment conducted at the conservatorium either in 2005 or during 2006 or in 2007 and it now finally appears after our dispute notification that there may be a risk assessment and development plan in relation to workplace bullying," Ms Lemaire said.

But Bev Charlton, appearing for the department, said the organisation had fulfilled its legal obligations and taken several measures to prevent bullying at the school, including implementing mediation, professional development sessions and communication protocols.
[The organisation met its legal obligations!]

Justice Schmidt ordered the parties to report back to the commission next month. "We will find an agreed way forward and through that process find a way of settling this school down, because all of these exhibits show me that things have become unfortunately unsettled," she said.

From: Sydney Morning Herald

February 25, 2008

Coping, surviving, fighting back

UCU are you listening?
Local MPs and Higher Education spokesmen/women, are you listening?
In fact, is anybody listening?

'...the big challenge is to come up with a programme of action for surviving and thriving in the face of mobbing. That's a tall order. Davenport, Schwartz and Elliott describe options ranging from grieving, building self-esteem, using humour and taking care in choosing professional help. They also give advice on how family and friends are affected and how they can help. All this is quite valuable, but it is clear that there is no guaranteed way of getting through a serious case of mobbing. It often may be best to leave for another job...'

From: Martin Brian, 2000, Insight and advice about workplace bullying

'...Thus, these individuals [targets of bullying] find themselves in a prolonged stress- and in a prolonged trauma-creating situation. Instead of a short, acute (and normal!) PTSD reaction that can subside after several days or weeks, theirs is constantly renewed: new traumata and new sources of anxiety arise in a constant stream during which time the individual experiences rights violations that further undermine his or her self-confidence and psychological health. The unwieldy social situation for these individuals consists not only of severe psychological trauma but of an extremely prolonged stress condition that seriously threatens the individual's socio-economic existence. Torn out of their social network, the majority of mobbing victims face the threat of early retirement, with permanent psychological damage...'

From: Heinz Leiman, How serious are Psychological problems after mobbing?

'...Post Traumatic Stress Disorder (PTSD) is a natural emotional reaction to a deeply shocking and disturbing experience. It is a normal reaction to an abnormal situation...'

...It seems that Complex PTSD can potentially arise from any prolonged period of negative stress in which certain factors are present, which may include any of captivity, lack of means of escape, entrapment, repeated violation of boundaries, betrayal, rejection, bewilderment, confusion, and - crucially - lack of control, loss of control and disempowerment. It is the overwhelming nature of the events and the inability (helplessness, lack of knowledge, lack of support etc) of the person trying to deal with those events that leads to the development of Complex PTSD. Situations which might give rise to Complex PTSD include bullying, harassment, abuse, domestic violence, stalking, long-term caring for a disabled relative, unresolved grief, exam stress over a period of years, mounting debt, contact experience, etc...

...The UK has one of the highest adult suicide rates in Europe: around 5000 a year. The number of adults in the UK committing suicide because of bullying is unknown. Each year 19,000 children attempt suicide in the UK - one every half hour. in the UK, suicide is the number one cause of death for 18-24-year-old males.

...The prolonged (chronic) negative stress resulting from bullying has lead to threat of loss of job, career, health, livelihood, often also resulting in threat to marriage and family life. The family are the unseen victims of bullying...

...The person who is being bullied often thinks they are going mad, and may be encouraged in this belief by those who do not have that person's best interests at heart. They are not going mad; PTSD is an injury, not an illness...'

From: http://www.bullyonline.org/stress/ptsd.htm

'... Consider leaving - regard it as a positive decision in the face of overwhelming odds which are not of your choosing, not of you making, and over which you have no control. Serial bullies are obsessive and compulsive in their behaviour; once they start on their target they won't let go until that person is destroyed. For most people, the top priority is to be financially stable. What's more important - job or health? You may need to make the decision to move on and find an employer who values you and your skills. Refuse to allow your health to be destroyed and your career wrecked by an idiot...

... Consider suing for personal injury - solicitors may now do this on a no win no fee basis. Bear in mind that this might take 3 years (County Court - awards up to £50,000) or 5 years (High Court - awards over £50,000) or more. For many though, especially those suffering trauma, the legal system can be more abusive than the original bullying. Defence lawyers will often string out the proceedings as long as possible in the hope you'll get fed up and go away, or run out of money, or become so ill you'll have to withdraw, or even die. What a nice world we live in. They're also likely to go through your past and dig up any trauma (including bereavement) and claim that is the origin of your present ill health. This process is similar to victims of rape being portrayed as "loose women" and therefore responsible for the rape...

...Consider going public - awareness is rising, the media are interested and sympathetic; ask for anonymity at the outset if required... Bullies think they are above the law - but insist that you stay rigidly within the law...

From: Helpline4u - control a bully

'... Abuse victims should first name the behavior, which gives them a feeling of legitimacy and banishes their shame, Namie said. Then, they should take some time off to heal, check their mental and physical health, explore legal options and build the business case against bullying.

Finally, employees must expose the bully for the sake of their mental health, while knowing they may lose a job, he said.

"In most cases, the bully is believed and the person is not," Namie said. Still, if you remain silent and "leave shrouded in shame, you never get past it."

From: http://www.workdoctor.com/press/newh050505.html

February 24, 2008

URGENT CALL FOR ASSISTANCE - Tell the truth about life at Kingston University - UK

Have you worked for Kingston University?

Have you been mistreated by the University?

Were you bullied and/or unfairly dismissed?

We want to know YOUR story.

Tell us about what happened to you.

We promise to keep it STRICTLY confidential.


Send e-mail to: blowthewhistle@sirpeterscott.com

Mean and Nasty Academics: Bullying, Hazing, and Mobbing

Tenure is supposed to protect scholars from outside control, but it does a lousy job of protecting them from one another.”
-- Kenneth Westhues, quoted in The Chronicle of Higher Education

I don't usually post my newsletters here, but I think this is a subject that needs to get more airing. So here is the text of my latest newsletter, called "Mean and Nasty Academics." (If you'd like to sign up for my bi-weekly (sometimes less frequent) newsletter, go to this page, which also lists the bonuses you will receive.)

Another reason I'm posting this newsletter issue is that I have received some interesting replies from my newsletter readers that will help those of you struggling with these issues. I will put these replies up in later posts.

Mean and Nasty Academics

"I was surprised to experience hazing as a graduate student, not once, but continually and by multiple professors… I watched how some of the other women faculty members in the department were treated, and they were second-class citizens at best." (Twale and De Luca, 2008, p.84)

"A tenured full female prof gets up to talk, and an untenured junior faculty man tells her that her ideas are not really important, that it may be a concern of hers but not ours. And the entire faculty went along with it, including the women... Be invisible. We weren’t supposed to say anything, even the strong women who could hold their own. Women sensed they were in a powerless position." [Ibid, p.85]

As an academic coach, I could add many more examples of graduate students and professors of all ranks being victimized by mean, nasty, harsh, underhanded, passive aggressive or bullying behavior at the hands of other academics.

The only reason I don’t give you details of what my clients have told me over the years is that I need to protect the identity of the victims. However, I’m not giving anything away if I tell you that I have heard numerous examples of departments ganging up on one individual, of professors being shunned, of tenured professors harassing other tenured professors, and of incredibly harsh treatment of graduate students by their advisors or other professors.

Bullying and emotional abuse don’t only exist in academia (see Mobbing: Emotional Abuse in the American Workplace). But Darla Twale and Barbara De Luca, the authors of Faculty Incivility: The Rise of the Academic Bully Culture and What to Do About It, suggest that there has been an increase in “bullying, mobbing, camouflaged aggression, and harassment” (p. xii) within academia.

In working with people who have been the victims of bullying, I find that one of their first needs is reassurance that they did not do anything to deserve such treatment. So let me say that No one, ever, under any circumstances, deserves to be humiliated, undermined, insulted, shunned, marginalized, ganged up on, or even spoken to harshly. If it has happened to you, you did not cause it to happen. And you are not alone.

What Can I Do About Bullying?

There is no space here to review the reasons that academics can be so cruel to one another. Instead, I’ll focus on what you can do about it. The following suggestions are summarized from the Twale and De Luca book; additional comments from me are in brackets.

Avoid becoming part of an abusive department. Before you attend graduate school or accept a job, do your homework. Look at faculty turnover rates, policies and guidelines regarding harassment, and level of enforcement of such policies as seen in grievance filings and resolutions...

Written by Gina Hiatt, Ph.D.

From: http://academicladder.com/mean-and-nasty-academics

February 23, 2008

Whistleblowers...

Whistleblowers are part of society's alarm and self-repair system, bringing attention to problems before they become far more damaging. Australian whistleblowers have spoken out about police corruption, paedophilia in the churches, corporate mismanagement, biased appointment procedures, environmentally harmful practices and a host of other issues.

Although whistleblowers are extremely valuable to society, most of them suffer enormously for their efforts. Ostracism, harassment, slander, reprimands, referral to psychiatrists, demotion, dismissal and blacklisting are among the common methods used to attack whistleblowers. Bosses are the usual attackers with co-workers sometimes joining in.

Many whistleblowers are conscientious, high-performing employees who believe that the system works. That's why they speak out. They believe that by alerting others to a problem, it will be dealt with. Many do not think of themselves as whistleblowers at all - they believe they are just doing their job. So they are shaken to the core when the response to their public-spirited efforts is to vilify them as disloyal, to question their work performance, to withdraw emotional support and to mount attacks. As well as suffering financial losses and severe stress, whistleblowers are at increased risk of relationship breakdown and health problems.

Even worse than this, though, few whistleblowers seem to bring about any change in the problem they speak out about. The treatment of whistleblowers is a double disaster for society: capable and courageous individuals are attacked and sometimes destroyed, while the original problems are left to fester.

From: http://www.uow.edu.au/arts/sts/bmartin/pubs/05overland.html, by Professor Brian Martin

February 21, 2008

Bully in Sight: How to Predict, Resist, Challenge and Combat Workplace Bullying

...A feature of bullying which is not generally appreciated is that in the months (which may exceed a year) which immediately follow cessation of employment (whether through termination or ill-health absence) the traumatised victim is often physically unable to touch anything which reminds them of their experience. Many victims report the strange feeling of sitting in front of large piles knowing the ease with the formerly handled paperwork but feeling paralyzed, unable to touch, read or process any of it...

From: Bully in Sight by Tim Field