April 18, 2008

UCU in court

My three day adjourned case against the UCU starts again in the London Kingsway Tribunal (next to Holborn Underground) at 10 am on Monday the 20th April 2008. If any of you can attend between Mon-Wed we welcome your support.

Please make sure if you attend that you sit on the same side as my Counsel or otherwise it will send the wrong signal of support to the Tribunal.

The case is in regard to the discriminatory rule 5.6 introduced by the UCU in 2006 during the amalgamation of the Union to deny members legal aid for questioning their legal advice.

Mr Wilkin is going to give evidence first followed by the following people Ms Sally Hunt, Mr Paul Mackney, Ms Brenda Kirsch (UCU editor) and Mr Andrew Pike
.


From received email.

April 17, 2008

Don't let bullies crush your zest

Workplace bullying is often subtle but can destroy a victim's health, confidence and career. Harriet Swain outlines the steps you can take to nip this growing problem in the bud and where to get help.

He's going to make some comment. Or maybe she will, and then they'll all smirk. You're just waiting for it to happen. But maybe it won't. Or maybe it will and they're just having a joke. Maybe they're right - you are paranoid.

The problem with being bullied at work is that it is often subtle, says Matt Witheridge, operations manager at the Andrea Adams Trust, which specialises in workplace bullying. "In isolation, many of the events that make up workplace bullying can be trivial - simply a remark here and there," he says. "The important thing about bullying is its persistence."

P. K., who writes a blog on university bullying, says most academics who are bullied do not realise it until their health suffers or they have lost their job or gone through disciplinary procedures. He cites a checklist of indicators that bullying is taking place, which includes the following: rumours and gossip circulate about the target ("Did you hear what she did last week?"); the target is not invited to meetings or voted onto committees; there is a collective focus on a critical incident that "shows what kind of man he really is"; there is emotion-laden, defamatory rhetoric about the target in oral and written communications; the bullies put a high value on secrecy; the target's real or imagined sins are added up to make something that cries for action.

He warns that even if one or more of these things is clearly taking place, institutions will tend to defend the person accused of bullying because he or she is an employee.

But Witheridge says the worst thing you can do is suffer in silence because by the time you realise there really is a problem it is often too late to do anything about it and you may have already suffered considerably.

He advises getting as much support and advice as you can, including from organisations such as his, from family members, who are likely to be affected by your problems, and from doctors. As well as being able to treat symptoms of stress, many GPs are becoming increasingly aware of how widespread bullying is, he says.

Roger Kline, head of equality and employment rights at the University and College Union, advises keeping a diary of everything that you regard as contributing to the bullying. You should also keep copies of all letters, e-mails and anything else, such as notes of phone calls, that help establish what is going on.

He also suggests talking to your union rep, ideally the one in your own department because he or she may be aware of a pattern of bullying. "There may be other people currently being bullied, or the individual or individuals bullying you may have a history that the rep knows about but you don't," Kline says. "It may be possible to respond collectively." If there is a conflict of interest with the rep, who may be a friend of the bully, for example, you should talk to your branch or local association secretary.

P. K. says that a good union rep may be able to save your job, but it is unlikely he or she will be able to get redress against the perpetrator of the bullying. "Remember, if it went to disciplinary action your colleagues and people you consider to be your friends will think first of their jobs and won't stick their neck out for you," he warns. Nor is there any specific law in the UK against bullying.

But Kline says it is worth checking your institution's policy on bullying and harassment or dignity at work. While he advises against following any procedure without taking advice, it is useful to know what that procedure should be.

Witheridge says that making a formal complaint becomes much easier in an institution that has a good anti-bullying strategy. The strategy should set out who should deal with the complaint, how long it should take and what exactly bullying is.

Keren Eales, spokesperson for the College and University Support Network, says if the bullying can be classed as verbal or physical abuse you may also want to report it to the police, taking with you any evidence.

But a CUSN fact sheet on the topic suggests tackling the problem informally, by speaking to or writing to the person you feel is bullying you or asking someone else to speak to them on your behalf.

Charlotte Rayner, professor of human resource management at Portsmouth Business School, says the informal approach is almost always the best one to take. She says it is important to challenge unacceptable behaviour quickly and gently and not to escalate the situation. If you are not aware of informal ways of handling bullying, such as harassment advisers or mediators, ask your institution because it may prompt them to provide such methods if they don't already have them.

But if it proves impossible to resolve the matter informally, Kline says you need to take advice on formulating a grievance. This will need to set out your concerns and say clearly what you would like done, referring to the bullying and harassment or dignity-at-work policy and reminding management of the agreed timetable.

Alternatively, you could just try to tough it out or move to another area or organisation. P. K. says: "One response is to get out fast before you lose your health and get out when you are not at knives drawn with your manager." If you do decide to stay and fight it out, be prepared for it to take time.

Meanwhile, if you see someone else being bullied, say something, Witheridge urges. "One of the worst things is bystander apathy when people in the same team see what's going on and keep their head down because they don't want to attract similar attention."

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

April 15, 2008

Now there's a thought


HR is like many parts of modern businesses: a simple expense, and a burden on the backs of the productive workers ... They don't sell or produce: they consume. They are the amorphous support services." So wrote Luke Johnson recently in the Financial Times. He went on: "Training advisers are employed to distract everyone from doing their job with pointless courses." Mr Johnson is no woolly-minded professor. He is in The Times Power 100 list, he organised the acquisition of PizzaExpress before he turned 30 and now runs Channel 4.

Why has human resources acquired such a bad public image? Like most groups, those in HR are intent on expanding their power and status, hence the name change from personnel. As personnel managers, they were seen as providers of a service and even, heaven forbid, as being on the side of the employees. As HR they become part of the senior management team, and see themselves as managing people.

My concern is the effect that that change is having on science. The problem with HR people managing science is that they have no idea how it works. They think every activity can be run as though it were Wal-Mart. That idea is old fashioned even in management circles. Good employers know that people work best when they are not constantly harassed and when they feel that they are assessed fairly. If the best people don't feel that, they just leave. That is why the culture of managerialism and audit will in the end do harm to any university that embraces it…

The "unrepentant capitalist" Luke Johnson also said in the FT: "I have radically downsized HR in several companies I have run, and business has gone all the better for it." Now there's a thought.

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

Oh, Kingston, Kingston...

The following is a message received from a current student at Kingston University, which reveals the endemic culture of bullying, and which has extended to infect the lives of students. Names and other identifiers have been deleted at the request of the student, who fears retribution:

"I would like to remain anonymous until at least after I graduate but bullying within Kingston University is not just limited to academic staff. Students particularly postgraduate students are bullied if they raise any grievance about the way that the university is run, some are threatened with suspension from their course. A part time [DEPARTMENT DELETED] professor, [NAME DELETED] I think his name is, has made allegations to his students about the bullying of staff/postgraduate students including to the point that several of them left/dropped out.

The university would often use technicalities to suspend students, one student who had a grievance about the university was suspended for a week because he forgot to update a change in his term time address for example. There is an article in this issue of The River [student newspaper] that claims one student was bullied by her fellow students and when she made a formal complaint she was suspended from her course for a day, the reason being lack of attendance (she wasn't attending because she was getting bullied).

One way to test what I am saying is to make a FOI request for reasons why students have been suspended from the university and watch them either delay or not honour it. It is widespread.

The student union lacks enough independence from the university to deal with this issue. The [NAME OF CLUB DELETED] club was threatened with having its funding removed if it didn't remove one student from it. This often encourages the clubs and societies to take matters into their own hands and encourages student members of these clubs to intimidate members of the club into leaving. Bullying does not only occur among academic staff. It seems to be almost institutional."

April 14, 2008

Staff give sector managers low marks

It is worse when the policies that are supposed to protect you are merely there as window-dressing. As someone suffering from work-related stress and depression who brought a grievance against their line manager for ignoring the health condition and threatening disciplinary action for things that were directly related to the health condition, only to be told by the Dean of the faculty that the issues were essentially "all my fault". I have no faith in any of the management in my institution. They are totally useless, ignore their duty of care to staff, and when real problems emerge, haven't got a clue how to deal with them.

And this is the third institution at which I have seen such poor management, and the second at which I have been subjected to bullying and harassment which management have completely ignored despite the effects on my health and their so-called exemplary policies. Policies are just words on a page. If they are not backed by real effective action, then you might as well have nothing.

Even worse - my union joined in and continues to perpetuate the bullying because I complained to them as well (the perpetrators at one university were all local executive members, so in breach of union rules as well as the employer rules). Kline and his ilk paid no heed to anything I said, so for him now to say that bullying is a problem, is shutting the door long after the horse has bolted. Bullying in higher education is rife and the sooner I get back to the private sector, the better.

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

April 13, 2008

Anonymous said...

Thanks for having this site. In the US, it is almost impossible to do anything legally or otherwise about bullying. We have no contracts or any recourse.

I have my lawsuit going against a physics association headed by a female academic -- only because they reacted differently to bullying based on gender: when men bully, violence is feared, so action is taken.

When women bully, people seem to point to personality flaws in the victim like my employer did with me. Also in my case, where I was a manager of two bullies who mobbed together because they applied for my job but did not get it (I did), the employer said "support staff" (ie women) are naturally emotional and you as their boss have to listen to their venting, but in your office behind the door where it does not bother us!

I agree that some of the women who advanced prior to us have become Queen Bees towards the next generation of women, such as the female who is in charge of the physics society. I wish I understood their or her hostility. It ruined my career.

(sister of physics brothers)
13/04/08

April 12, 2008

More on the serial offender...

Kingston loses tribunal - 20 October 2000 - Phil Baty, Times Higher Education

Kingston University dismissed senior lecturer Agi Oldfield unfairly, giving her an ultimatum to "resign or be sacked" after she made informal complaints of harassment against her line manager and complained about breaches of her contract, a tribunal has ruled.

Ms Oldfield, a principal lecturer at the school of human resources management, resigned from Kingston, but the South London tribunal ruled that she was constructively dismissed. The university "repudiated" her contract by giving her the ultimatum, said the tribunal chair, Mr I. S. Lamb, in his judgment.

In late 1997, Ms Oldfield complained orally to David Miles, dean of the business faculty, saying she felt harassed and bullied by her line manager, Christine Edwards, who had questioned Ms Oldfield's competence.

The tribunal did not adjudicate on the allegations and counter-allegations between Ms Oldfield and Professor Edwards, but found that the difficulties were handled badly, at the expense of Ms Oldfield's career.

The university repeatedly asked Ms Oldfield to withdraw her allegations, she was assigned a new line manager and removed as an MA course director. In June 1998, Ms Oldfield brought a formal grievance, saying she had been "summarily removed" as course director of an MA in breach of her contract.

"The considerations of the continued employment of Ms OldfieldI her role and job title, responsibilities and pursuit or withdrawal of the allegations against Professor Edwards, wereI overlapping with each other," said Mr Lamb in his written judgment.

During the grievance hearing Ms Oldfield was told by personnel director Elizabeth Lanchbery - criticised by the tribunal for being "underhand" - that if the issues could not be resolved, Ms Oldfield might have to be "sacked", Mr Lamb said. Ms Oldfield's grievance was rejected and rejected again at appeal by vice-chancellor Peter Scott.

In October 1998, Ms Oldfield was offered a job at Surrey University, despite an "unfavourable verbal reference from somebody at Kingston", the tribunal said. "By then, Ms Lanchbery had said to Ms Oldfield that it would be best if she accepted the position, because unless she resigned, she would be sacked," said the judgment.

Mr Lamb said: "Up to September (when the job at Surrey came up) Ms Oldfield was pursuing the internal grievance procedure. As she did so, there was a gradually deteriorating background state of affairs relating to her relationship with Christine Edwards, in particular the factor that Christine Edwards questioned her competence.

"(Ms Oldfield) was constantly told to withdraw her allegations, although she was not formally pursuing them... We accept the evidence that the final straw in the course of events was the statement by Ms Lanchbery that the applicant should resign or be sacked," he said.

The university believed "there had been a breakdown of relationships and that Ms Oldfield was behaving unreasonably", said Mr Lamb. "The university did not act reasonably in treating that as a sufficient reason for dismissal.

"What (Ms Oldfield) had done was to pursue the grievance procedures... as she was entitled to do. She was willing to record that she was not pursuing her complaints against Christine Edwards. The university's responsibility in that situation was to find her alternative responsibilities commensurate with her position as a principal lecturer. Instead it adopted the 'take it or leave it' attitude...

"We accept that the effective cause of her resignation was the breach of contract by the (university) and the outright repudiation of her contract by the ultimatum." The tribunal decided unanimously that Ms Oldfield's complaint of unfair dismissal was "well-founded".

April 09, 2008

Human Resources 'Fully Resourced'

Another milestone was reached by our university last week with the news that, following the latest round of appointments, there was now one human resources manager available for every member of academic staff.

"This is an exciting breakthrough," declared Louise Bimpson, our Corporate Director of Human Resources (formerly the Personnel Officer). "Only last week, a survey by Coventry University revealed that university academic staff had the worst perceptions of their managers of any employment sector. What better way could there be to resolve this unsatisfactory situation than by drastically increasing the overall number of managers who can provide management training?"

She went on to tell our reporter Keith Ponting (29) that this latest increase in human resources meant that all academic staff could at last be liberated from their "traditional obsessive concern with teaching and research" and be free to develop their leadership andperformance-management skills, as well as their capacity to harness their endeavours to the strategic goals of the university going forward.

Asked by our reporter if there was any reliable evidence that the employment of ever-larger numbers of human resources staff had done anything whatsoever to improve the performance of individual universities, Ms Bimpson said that "the HR revolution still had a long way to go". "But," she added, "always remember that the Tower of Babel wasn't built in a day."

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

A serial offender?

Beneviste v Kingston University [2006] UKEAT 0393_05_1703 (17 March
2006) http://www.bailii.org/uk/cases/UKEAT/2006/0393_05_1703.html or
http://www.employmentappeals.gov.uk/Public/Upload/05_0393RJNODA.doc

Benveniste v Kingston University [2007] UKEAT 0008_07_2803 (28 March
2007) http://www.bailii.org/uk/cases/UKEAT/2007/0008_07_2803.html or
http://www.employmentappeals.gov.uk/Public/Upload/07_0008fhAMJOJ.doc

Dutt v. Kingston University [2007] UKEAT 0351_06_2408 (24 August 2007)
http://www.bailii.org/uk/cases/UKEAT/2007/0351_06_2408.html or
http://www.employmentappeals.gov.uk/Public/Upload/06_0351fhLBDAmcm.doc

April 06, 2008

Ban on [university] student who spoke out on the net

A student who criticised Anglia Ruskin University has been suspended. Disgruntled Naomi Sugai has also been threatened with legal action over her "unfounded" comments on a website.

Naomi posted a video on YouTube complaining about a number of blunders on her £4,750-per-year MA course in management. Her complaints included classes being cancelled without warning and not being able to take advertised modules.

The university has now threatened to sue her over a statement on the site - and warned the 24-year-old security guards will remove her by force if she tries to enter its East Road campus.

Miss Sugai said: "I am really annoyed about this, and I'm not going to take it lying down. The course has not been like they made it sound and, by bullying me more, the university is only making this worse."

She did not remove the offending statements about a member of staff as requested and Steve Bennett, the university's secretary and clerk, warned Miss Sugai: "Should you attend the campus during your suspension, security staff have been instructed to remove you and, if necessary, seek assistance from the police.

"Given the seriously defamatory nature of your comments this matter has also been referred to our solicitors."

Earlier this month, Miss Sugai of Bosworth Road, Cherry Hinton hit out at the "slow and inefficient" university, threatening to report ARU to an independent adjudicator.

The letter from Mr Bennett said: "I wrote to you on March 17 and warned you unless all unfounded allegations were removed from your YouTube site you would be suspended. I regret to note that you have not removed this content.

"I must therefore advise you that you are suspended pending disciplinary (and potentially legal) action against you."

Miss Sugai told the [Cambridge] News she never received a warning about being suspended, and is now taking her own legal advice.

The video has been viewed more than 900 times, and she has been contacted by a number of students with similar concerns.

An earlier letter from Prof Martin Reynolds, pro vice chancellor of the university's Ashcroft International Business School, said: "We would appreciate a response to our request to remove the video. "Its contents are potentially distressing for other Anglia Ruskin students and it undermines the programme you are studying."

After being contacted by the News, Mr Bennett said the suspension was not for complaining, but in response to "serious unfounded allegations against a senior member of staff".

He said: "On March 17, I wrote to the student and asked her to remove the allegations within 48 hours, otherwise she would be suspended forthwith. "As the remarks were not removed, I wrote to her on March 20 informing her that she was suspended pending disciplinary action."

The news comes days after emails encouraging staff to allegedly "bully" students into giving it good ratings in the National Student Survey were leaked to the News.

After propping up the Sunday Times league table, partly due to what vice chancellor Mike Thorne described as "very poor" reviews from undergraduates, he asked staff to advise students positive responses would improve the prestige of their own qualifications. He wrote: "It does occur to me that we need to ensure students are aware of the relation between the grades they give and, thanks to the league tables, the perceived value of their degrees."

Story from: http://www.cambridge-news.co.uk

Check the YouTube video and further comments