April 05, 2011

AcademicFOI.Com: Workplace Bullying & Harassment

KEY FINDINGS
At least 1,957 university staff asked for support or advice due to bullying or harassment during 2007, 2008 and 2009. The true figure is likely to be a great deal higher since many universities do not record the numbers of informal complaints. 998 formal investigations were made into complaints of bullying or harassment. 764 of these investigations concluded that no bullying or harassment had taken place. 234 investigations upheld the complaints giving an average 23% uphold rate.

MISSION GROUPS
At Russell group universities 34% of complaints were upheld whilst at Million+ universities only 11% of complaints were upheld. This would suggest that Million+ universities either have a significant problem with false accusations or systems of investigation which are wholly defective. Alliance group universities averaged 16%. 1994 group universities averaged 19%. Guild HE universities averaged 23% whilst the universities not in any mission group averaged 29%.

HIGHEST AND LOWEST UPHOLD RATES
At the 3 universities most highly placed in the THE World University Rankings – Cambridge, Oxford and Imperial - 54% of bullying complaints were upheld.
We have identified 41 UK universities with a 0% uphold rate. At these institutions at least 430 staff had sought informal advice about bullying and 56 staff had left citing bullying as a reason. 169 investigations were mounted only to find no evidence of bullying in any of the cases.

STAFF GRADES
Complaints of bullying by staff on a similar grade were upheld in 27% of cases. Complaints against staff on higher grades were upheld in 16% of cases. Complaints against members of the senior executive team - defined as the 10 or so most senior members of staff - were upheld in 15% of cases.

LEGAL COSTS
£1.35M was spent on legal fees in connection with bullying complaints. The true figure will be significantly higher due to the use of in-house lawyers, legal insurance policies and an astonishingly high number of instances where invoices from solicitors were not broken down by reference to specific cases.

REASONS FOR LEAVING
137 staff cited bullying and harassment as a reason that they left the university. The true number will be significantly higher due to the considerable number of universities who appear to file staff exit questionnaires without analysing or reporting the contents.

FOLLOW UP ACTIONS
Dismissals were rarely cited as follow up actions to proven cases of bullying. Only 20 staff were dismissed out of 234 proven cases. No dismissals took place at Million+ universities whilst 13 staff were dismissed at Russell Group institutions.

From: http://academicfoi.com/bullyingharassment/index.htm

April 01, 2011

Degrees in greed: University chief picked up £1m over four years (and nine others earned more than £300,000)

The head of a former technical college earned £1million in four years before taking early retirement while her institution spiralled into debt.

Professor Patricia Broadfoot, 62, was the highest paid university Vice-Chancellor in the UK last year, according to research revealing the pay, benefits and pensions of all higher education chiefs.

The study highlighted the ‘murky’ world of ‘arbitrary’ pay at Britain’s universities and showed that three-quarters of chiefs enjoyed a pay rise last year. Ten vice-chancellors earned more than £300,000 a year. In addition they received annual cash payments into their pension schemes of up to £60,000.

A handful of chiefs at low-ranking institutions, beset with financial troubles, have been granted massive and ‘utterly arbitrary’ pay rises of anything up to 70 per cent. Most disturbing was the amount paid to Professor Broadfoot who last year earned £494,000, including her pension, while presiding over little-known Gloucestershire University.

This sum included a £196,000 ‘pay-off’, equivalent to a year’s basic salary, after she stepped down last March, a year early. Her total earnings over four years were £1,088,000.

The mother of three was also criticised for profligate spending, at one point attempting to hire a personal chauffeur. During her tenure the institution – which became a university in 2001 after teaching mechanics since 1884 – tried to expand and over-invest as the recession took hold.

It plunged into debt and was placed on the ‘at risk’ register of universities threatened with closure or merging.Professor Broadfoot graduated from Leeds University in 1971 with a degree in sociology. Some 13 years later she got her PhD from the Open University.

She was one of five high-profile figures at the university to resign between 2009 and 2011. She was followed by the Chancellor, former Archbishop of Canterbury Lord Carey.

Yesterday the university said it had recently recorded a surplus of £2million and was making a strong financial recovery.

Spokesman Paul Brake said: ‘The university has significantly improved its financial position by reducing costs and growing income through the hard work of staff.’ The research, commissioned for the Times Higher Education Supplement, revealed high levels of pay at other low-ranking universities.

Liverpool Hope boss Gerald Pillay saw his salary balloon by 20.6 per cent to £199,077 as some 110 of his staff face the axe.
Second-highest pay: Professor Andrew Hamilton of Oxford University earned £423,000.

Ninety per cent of the vice-chancellors at the 148 universities earn more than Prime Minister David Cameron’s £142,500 salary. However, 36 vice-chancellors did see their earnings fall. Overall their average pay and benefits rose by 0.5 per cent to £213,813.

The figures come as students face mountains of debt when fees increase to a maximum of £9,000. And with Aston University yesterday announcing it will charge £9,000, as Essex and Surrey did earlier this week, observers warn that all but a handful will charge the full amount.

The study also coincided with thousands of staff at more than 500 universities and colleges going on strike over pay and conditions.

Sally Hunt, of the University and College Union (UCU), called for reform of vice-chancellor pay. She said: ‘UCU members in universities are on strike today defending their pay and conditions and it is somewhat galling to discover that many vice-chancellors are still enjoying handsome, and utterly arbitrary, pay hikes.

‘We want an end to the murky world of pay at the top of our universities and a fair system applied consistently from top to bottom.

‘We have never opposed people being well rewarded for a job well done.

‘However, today’s survey does nothing to suggest that vice-chancellors’ pay is properly scrutinised or that the process for deciding an individual’s pay is fit for purpose.

‘Even after years of promising to rein in pay at the top, there are examples of whopping rises.’

The second highest paid Vice-Chancellor was Professor Andrew Hamilton of Oxford University who earned £370,000 before his pension of £53,000 – a total of £423,000. His predecessor Dr John Hood received £78,000 to cover his relocation costs – he sent belongings to New Zealand and America.

Gloucestershire University has appointed David Willetts’s right-hand man Stephen Marston, from the Department of Business, Innovation and Skills, as its new vice-chancellor.

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

March 23, 2011

Bullied Macquarie University staff demand an apology

Six former Macquarie University staff have demanded an official apology from vice-chancellor Steven Schwartz for the university's failure to act on claims of victimisation and bullying subsequently found to be justified by an Independent Commission Against Corruption inquiry.

In an open letter sent yesterday, they also called for further action on other recommendations in the ICAC report, including addressing a chaotic staffing regime at the Centre for Policing, Intelligence and Counter Terrorism headed by former NSW police minister Peter Anderson.

The university says it has dealt with these issues, including accepting merit selection as the basis for appointments.

The letter reflects the frustration of former staff that their complaints have been largely ignored, even after the scathing findings of the ICAC-commissioned inquiry and their publication in The Australian a fortnight ago.

The report found nine of the centre's 12 staff made legitimate complaints of victimisation, marginalisation, bullying and harassment. They include the six who signed the letter. Although they pursued the complaints all the way up the university hierarchy to Professor Schwartz, the report says the university took no action to resolve them. Eight of the staff resigned and one did not have her contract renewed.

The report criticised Professor Anderson for contributing to the bullying and victimisation, as well as for appointing people with Labor connections without meeting selection criteria, for claiming inappropriate expenses and for being less than frank in his explanations to the inquiry. The report found no direct evidence of corruption but concluded there were "justifiable perceptions that the processes of recruitment and selection are corrupt".

It said the university should consider providing an apology "for the apparent failure in responding to [the complainants'] workplace grievances and taking appropriate action".

Yesterday's letter says deputy vice-chancellor Judyth Sachs "violated our trust" by forwarding the second complaint sent to her and Professor Schwartz to Professor Anderson, even though it was marked in confidence and contained their names. The former staff who signed the letter are Elton Bien, Alfred Gerstl, Belinda Helmke, Greg Pemberton, David Santoro and Alan Watson.

A university spokesman said yesterday the letter reiterated selected parts of the report, "which contains many serious flaws".

No apology to former staff was warranted as the only formal complaint lodged with the university had been found to be without merit, the spokesman said. Professor Sachs had acted "in an entirely appropriate way and consistently with normal management processes". He also provided a resolution carried by PICT staff last week affirming support for Professor Anderson and asking the university to lodge formal complaints with the Internal Audit Bureau, which conducted the investigation for ICAC, with ICAC itself and with the NSW Ombudsman regarding the "unfair processes and erroneous outcome of their investigation, giving rise to recent adverse publicity".

From: http://www.theaustralian.com.au

March 15, 2011

Wikipedia: Bullying in academia

Bullying in academia is workplace bullying of scholars and staff in academia, especially places of higher education such as colleges. It is believed to be common, although has not received as much attention from researchers as bullying in some other contexts...

Wikipedia entry: http://en.wikipedia.org/wiki/Bullying_in_academia

March 11, 2011

UniLeaks is a news organisation

Unileaks will accept restricted or censored material of political, ethical, diplomatic or historical significance which is in some way connected to higher education, an agency or government body working in partnership with an institution, e.g., a University.

We absolutely do not accept rumor, opinion, other kinds of first-hand accounts or material that is publicly available elsewhere.

We restrict our accepted material because our journalists write news based on the material, and then provide a link to the supporting documentation to prove our stories are true.

It’s not news if it has been publicly available elsewhere first, and we are a news organisation.

However, from time to time, the editors may re-publish material that has been made public previously elsewhere if the information is in the public interest but did not have proper news analysis when first released.

If you are sending us something, we encourage you to include a brief description of why the document is important and what the most significant parts are within the document. It will help our journalists to write up and release a story much faster.

From: http://www.unileaks.org

March 07, 2011

Channel 4 is making a documentary

Channel 4 is making a documentary about the commercialisation of higher education. One of the areas the programme will explore is the conflict between university managements' desire to increase revenue and the necessity to maintain academic standards.

We are looking to speak on or off the record to academics who feel that standards are being compromised, for example by inflating grades and overlooking poor standards in English, as their institutions seek to maximise income from tuition fees from both UK and overseas students.

If you are willing to speak to me off the record and in confidence, please do get in touch in the strictest confidence.

Gurbir Dhillon - Assistant Producer - Vera Productions
Tel: 0207-292-1480 / 07768-725121
Email: gurbir@vera.co.uk

February 23, 2011

The Envy of Excellence: Administrative Mobbing of High-Achieving Professors

A Sample Selection from Kenneth Westhues, The Envy of Excellence: Administrative Mobbing of High-Achieving Professors, Lewiston: NY: The Edwin Mellen Press, 2004, 2006.

Elimination in the Narrower, Stronger Sense

The word elimination does not apply equally to all instances of a member of a group being punished, expelled, or humiliated. Every day, restaurant clerks and customers are injured and killed during armed robberies. Yet these tragedies are categorically distinct from the robbery of a New York Wendy’s outlet by an angry ex-employee on May 24, 2000, after which police found the manager and other employees bound, gagged, and shot dead in the restaurant’s walk-in refrigerator: Police had suspected the Wendy’s heist was an inside job because the killers seemed intent on eliminating the victims. “There’s a reason you shoot seven people for a couple of thousand bucks,”one investigator said. (Ridder 2000)

It is this exceptional “reason” that distinguishes cases of elimination, properly so called. It means human beings going after somebody as an end in itself. Interaction turns into a game with no object but to make someone lose, a drama with no plot but to drop some actor from the cast.

For grasping the difference between elimination in its broader, weaker sense, and in the narrower, stronger sense intended here, the hugely popular first season of the CBS documentary, Survivor, aired in the summer of 2000, is worth recalling. Sixteen contestants were secluded on a tropical island, expected to satisfy collectively their subsistence needs and to compete in tests of survival skills. They were divided into two tribes. Each week, a tribe was called together to vote one of its members off the island. As the numbers dwindled, the two tribes were combined, and the weekly voting of one member out continued. The last survivor would win $1 million.

Here was a game, an elimination ritual, that tapped something deep inside the human psyche. Week after week, the show’s ratings soared. How would the group dynamic play out? Who would be voted off next? For the first few weeks, the contestants voted off seemed to be those with fewer survival skills, and those contributing least to group achievements and morale. Most contestants seemed to like and respect almost everybody else, and to be reluctant to get rid of anyone: “I’m sorry to have to vote against X, but the game requires me to make a choice.” This was elimination in the general, looser sense.

Halfway through the series, for its issue of July 8-14, 2000, TV Guide asked a panel of experts to rate the remaining contestants’ chances of surviving to the end and winning the $1 million. The panel ranked a woman named Gretchen as the one most likely to win. An opinion poll of the viewing audience would probably have agreed. Gretchen was competent, skilled, friendly, popular, the apparent leader of her tribe. By most of the relevant criteria, she deserved to win.

To the surprise of the television audience (and to TV Guide’s embarrassment), Gretchen was voted off the very next week, when the two tribes were combined. Members of the other tribe recognized her strengths, formed an alliance, and pooled their votes, consciously and deliberately, to get rid of her. Said one of them, “She had to be voted off because she is bright, and she is strong, and she was a threat” (quoted in Michael 2000).

To the extent this TV game can illustrate a serious point, Gretchen’s ouster was elimination in the stronger, narrower sense. It was not as if the group had coalesced around certain goals or values, reached a consensus about the meaning and purpose of their game, and decided that by these standards, Gretchen was the least valuable or most expendable player. The decision-making process played out in a wholly different way. Her expulsion represented the triumph of imagined collective interest over shared values of any kind. It was a case of Lilliputians bringing down Gulliver.

Is this what happened to Herbert Richardson at Toronto? If it was, it was less obvious than in Gretchen’s case. And if it was, this was no innocent game played for entertainment purposes but a dangerous game played for keeps, where one man’s whole career was on the line. The only way to answer the question is to study the evidence systematically and thoroughly, while keeping in mind what the question is, and what kind of logic and evidence might answer it.

The First, Basic Clue

In lectures on social elimination, I have sometimes said that in every human being are three appetites: for food, for sex, and for humiliating somebody else. The third craving is not ordinarily grouped with the first two. All agree that hunger and sexual desire have a physiological basis, that they drive human behavior in overt and hidden ways, and that they are at times so strong as to preoccupy a person completely, turning him or her into a raging beast, a creature we scarcely recognize as human.

Notwithstanding its less evident basis in biology, the eliminative impulse, the lust to wipe another person out, is categorically similar. It can consume a person to the point of obsession, spread like a virus through a group, and become the driving force behind collective energy. Yet unlike the appetites for food and sex, this one has come to be proscribed in the process of civilization. It is supposed to be held in check by a universal compassion, common allegiance to the “brotherhood of man.” The eliminative impulse, when it does seize control of human behavior, is therefore almost always denied, obscured by the pretense of serving some lofty goal. Girard posits a “persecutory unconscious” in those caught up in the snowballing process (2001, p. 126). It is, he says, what Jesus referred to in his prayer on the cross, “Father, forgive them because they don’t know what they are doing” (Luke 23: 34).

How then can one tell when elimination in its stronger, stricter, narrower sense is underway? Are there identifiable symptoms, empirical indicators that an exclusionary process has escaped the bounds of reason and civilization? Against every professor and teacher a protest has at some time been raised by a student who flunked a test: “You have it in for me.” Can the teacher prove otherwise? When an imposter was forced to resign from the faculty of the University of Regina in 2001, after the degrees on her resumé were shown to belong to somebody else, while she herself had no such degrees, her lawyer protested: “It’s a real old-boys club around here. She’s a foreign-looking person. She has her abrasive side, but she’s easy to gang up on” (Perreaux 2001). Was the eliminative impulse, as the lawyer implied, behind the move to get rid of her? If I, like most professors, would defend her ouster, how do I know I am not acting on my own “persecutory unconscious”? Are there reliable signs that elimination in its savage sense is underway?

The first, most basic clue is the eliminators’ focus on the targeted person, rather than on the allegedly offensive act. “The guilty person is so much a part of his offense that one is indistinguishable from the other. His offense seems to be a fantastic essence or ontological attribute” (Girard 1986, p. 36). Social order requires pointing out errors, infractions, and offenses, and imposing penalties on their account–including jail, in the case of criminal behavior that threatens public safety. Social order does not require spoiling a person’s entire identity, which is what elimination means. An explanation of the need for sanctions that includes personally derisive and humiliating statements about the person on whom the sanctions are to be placed, a statement that break this person’s bond with everybody else: this is the basic indication that the eliminative impulse has been unleashed.

Compare two responses parents can make to a child who has just been eliminated from a spelling bee or gymnastics competition. They can say, “This just wasn’t your day, we’re sorry you won’t be going on to the advanced level, better luck next time.” Or they can say (what most of us have overhead on some occasion, and winced), “You stupid little shit, what’s wrong with you, you’ve brought shame on your school, get out of my sight.” These are radically, categorically different social processes. In the first instance, the child’s person is acknowledged and affirmed even in the midst of inadequate performance. In the second instance, a mistake is enlarged to cover and smear the child’s whole identity. Only the second instance illustrates the process that is the focus of the present book.

From: http://arts.uwaterloo.ca/~kwesthue/socialelim.htm

February 12, 2011

Bullying at Stirling University

I worked at Stirling University for 13 years. I was bullied by my manager, Kathy McCabe. I asked her to stop, but the ill treatment continued, and I raised grievances against her. As a result I was dismissed. Stirling University claims to be committed to allowing employees and students to be able to work and study free from bullying, victimisation and discrimination. However, here I provide evidence of the extreme lengths that management takes to protect and support bullies.

Gerry McCormac became Stirling University's Principal in May 2010. He described the university as one of the most respected in the UK. He said his focus would be on providing leadership and "getting the best out of people".

In accordance with the university's grievance procedures, I wrote to Professor McCormac in September 2010 and sent copies of my letter to Alan Simpson, Chair of the University Court, and Dr James Naughtie, University Chancellor. I alerted them to the widespread corruption that exists within the university's senior management.

You might expect that someone who agreed to take up such a responsible position, and who accepts around a quarter of a million pounds a year to perform his duties, would be horrified to learn of this and would be eager to rid the university of corruption as a matter of priority. You might also expect that he would be eager to speak with me to obtain as much information as possible in order for him to fully understand and deal with the very serious problem at Stirling University.

However, you would be wrong. Professor McCormac decided that it would be best to sweep the issue under the carpet.

It is ironic that a university Cleaner earning around £15,000 a year would probably be sacked for sweeping dirt under the carpet. Cleaners are expected to work with integrity; Principals and senior management are not.

Corrupt or what? I see no evidence to suggest that Gerry is anything but corrupt.

Shame on you, Gerry!

Oh dear! Hot off the press; Gerry has been appointed by Education Secretary, Mike Russell to head up a review of teachers' pay and conditions. Labour and Liberal Democrats are worried that the review may be a sham, and that this is just a cost cutting exercise. With Gerry at the helm, I believe they have good reason to be worried.

Gerry is aware that Mark Toole had decided that I should be dismissed because he couldn't deal properly with my grievance against Kathy McCabe's bullying behaviour. It is likely that Kathy's husband, Liam, being the Finance Director was also a factor. I had made protected disclosures about the university's failure to comply with its legal obligations, so the heat was on for the Uni. Mark's lack of integrity caused him to call in well known 'arse licker', Graham Millar, to carry out a sham investigation which was to produce a report recommending a disciplinary be held. Mark would have told Graham not to allow the facts to get in the way of the required report.

Despite all of the evidence that made it obvious I was innocent, Mark dismissed me, and other corrupt directors upheld his decision.

Immediately prior to this, Mark had arranged for Deputy Secretary, Eileen Schofield to carry out a sham investigation relating to my allegations that I had been bullied by my manager, Kathy McCabe, for several years, including bullying that took place in Mark's presence. Amazingly, despite all of the evidence, Eileen produced a report stating that I had not been bullied, but that I had bullied my manager. At appeal, University Secretary, Kevin Clarke upheld her incredible decision.

Gerry knew about all of this when he shrugged off my complaints of corruption. Interestingly, he offered no evidence to refute my claims that senior management is corrupt.

Not satisfied with being paid £250,000 a year and ruining an innocent man's career, Gerry will be hoping to be recommended for inclusion in the honours list for carrying out this review. In my opinion, he should be in jail.

Gerry has a wife and three sons. I suppose he is 'lucky' not to have a conscience.

I suppose it's unfortunate from Gerry's and other corrupt people's point of view, that we now have the internet. The world is becoming more transparent. Corrupt dinosaurs, like Gerry, will hopefully become a feature of the past.

My parents were born more than 70 years before most people had even heard of the internet, but that didn't stop them from raising me to be honest, hard working and ethical. Gerry is the type of person they warned me not to mix with.

I feel sorry for his sons who have been deprived of a normal non corrupt life in which they could achieve their goals based on their own genuine desires and honest abilities.

From: http://bullyingatstirlinguniversity.blogspot.com

January 30, 2011

In defense of Howard Lipman

An employee has filed a federal complaint against Ohio University claiming she was stripped of paid administrative leave and her son was kicked out of a masters program in retaliation to sexual harassment and bullying claims she made against former OU vice president Howard Lipman.

Molly Taylor-Elkins spent almost two years as Lipman's executive assistant. She says she felt harassed and bullied by Lipman and that on multiple occasions he made inappropriate sexual comments to her and other female employees.

A university investigation conducted last year agreed Lipman created a hostile work environment but couldn't find enough evidence to substantiate the sexual harassment claims.

Elkins says OU then removed her from paid administrative leave and placed her on sick leave - cutting off her income until she returns to campus next month.

Her son received a letter of admittance to OU's sports administration masters program Feb. 9, according to records provided to The Post. But on March 30, about four weeks after Elkins filed complaints against Lipman, her son received another letter from the program - saying his application had been denied.

In July, Elkins filed a discrimination complaint against the university with the U.S. Equal Employment Opportunity Commission.

Although the EEOC investigation is still pending, Elkins has demanded $225,000 in damages, free OU tuition for her and two children, and five years paid medical expenses from the university.

"It's not about the money - it's treating people right and being held accountable," she said.

OU says the discrimination claims are unfounded and refused the settlement.

OU President Roderick McDavis and officials in the sports administration program would not comment on Elkins' assertions or the pending EEOC investigation.

Lipman, who left OU in December for a similar, higher-paying position at Florida International University, did not respond to repeated requests for comment.

From: http://thepost.baker.ohiou.edu

Also: http://kittywampus.wordpress.com

January 23, 2011

Professor Bob Burgess (Vice-Chancellor, University of Leicester) and the honours system

There is nothing new in the view that the British honours system is a discreditable institution. I believe that my encounter with the system adds weight to calls for the system to be reformed or abolished.

As explained in an earlier post on this website ('About the University of Leicester', 21 January 2010 - see also 'Legal and other costs - the University of Leicester and others', 17 April 2010), I have been involved in legal proceedings that I brought against my former employer (I resigned in 2007), the University of Leicester, the Vice-Chancellor, Professor Robert Burgess, and the (now former) Director of Personnel Services, Dr Alison Hall. The respondents denied the allegations. In November 2009 the Employment Appeal Tribunal (EAT) dismissed an application I had made concerning case management matters in the Leicester Employment Tribunal (there had been no hearing on the merits in the Leicester Tribunal). On 19th January 2010 the EAT published a misleading and superficial judgment delivered by Mr Justice McMcullen, that judge essentially upholding earlier irrational decisions of Judge President Underhill.

In January 2010 I learned that Professor Burgess had been awarded a knighthood by Elizabeth the Queen in the New Year's honours round.

I understand, from information in the public domain concerning the time-scale for processing a nomination, that the decision in the honours machinery to award the knighthood would have been taken while the legal proceedings were still live. If that is not correct, it must at least have been the case that the nomination for an honour would have been making its way through the honours machinery while my legal case was before the EAT and the Leicester Employment Tribunal. And, so far as the EAT judgment is concerned, since the EAT is not the last tier in the legal process, my legal proceedings could not have been considered to be at an end when Professor Burgess was awarded the knighthood.

Information concerning the award of the knighthood to Professor Burgess was sought on my behalf from the Honours and Appointments Secretariat in the Cabinet Office under the Freedom of Information Act. That request was refused by the Honours and Appointments Secretariat and an application for an internal review of the decision was unsuccessful. At the heart of these refusals was the bizarre assertion that confidentiality was essential to the integrity of the honours system. (One element of this secrecy is the 'principle' that a nominee for an honour should not know who nominated them or what was said in the nomination.) My position was that disclosure of the information was in the public interest.

I wish to make clear that I am not arguing here that Professor Burgess had breached the law in respect of the issues I had raised in the ET proceedings. A person is of course innocent until proved guilty. The questions are rather of a different kind. Some of these, taken from the aforementioned application for review of the decision of the Honours and Appointments Secretariat, follow below:

'It is contended that in awarding a knighthood to Professor Burgess when it did, the State effectively interfered in the legal process, putting Professor Burgess and those associated with him in the legal proceedings (other respondents, witnesses for the respondents and the respondents' legal representatives) at an advantage in those proceedings. This is because of the high esteem in which people awarded an honour, especially a knighthood, seem to be held, at least among the more privileged in society. As material explaining the honours system tells the public, recipients of honours are considered by those in the honours machinery to be "exceptional", to have "moral courage and vision" and have undergone investigation to ensure that there are no questions about their "probity". Being awarded an honour undoubtedly involves an elevation of status in the eyes of some. And in Dr Truter's case, the respondents' representatives appear to have considered that status was a factor that would be taken into account by judges, emphasising on more than one occasion in the ET the "senior" status of individuals on the respondents' side and also the fact that the chair of an internal grievance committee was "himself an Employment Judge".' (This grievance committee was responsible for dealing with certain grievances I had submitted before I resigned from my post at the University of Leicester.)

Accompanying the above representations in the application for a review of the decision of the Honours and Appointments Secretariat was the submission that 'questions arising from what has occurred are such as to add to the need for the disclosure of the information previously requested as a matter of public interest', some of the questions being:

- 'According to the Phillips Report, [*] a past "civil judgment reflecting on the probity of the individual would be taken into account" in considering whether someone is fit to receive an honour. Is it the policy to award someone an honour even where such a person is a respondent in legal proceedings? If there are legal proceedings, one consideration might be whether the processing of a nomination should be postponed until the proceedings are concluded, in the interests of the public purse. Clearly, if a recipient of an honour involved in such proceedings is subsequently found by a court or tribunal to have acted unlawfully, and it is then considered necessary to strip him or her of the honour, there would have been a wasting of public funds involved in both the processing of the nomination and the removal of the honour.'
* Report of a review of the honours system undertaken by Sir Hayden Phillips in 2004.

- 'If it is the policy to bestow an honour even in circumstances where there are legal proceedings against the relevant individual, are those involved in the process of investigation and conferral advised that this could mean that they might become drawn into legal proceedings, for example, as witnesses?'

- 'Did Professor Burgess or anyone providing information in respect of his nomination disclose the fact that he was a respondent in legal proceedings? If the reply is in the negative, does this tell us anything about (a) the quality or vigour of the scrutiny of nominations; (b) Professor Burgess's suitability for an honour (if he did not reveal that he was a respondent)? If the reply is in the affirmative, was any further information requested with a view to establishing whether anything might suggest that Professor Burgess's conduct in respect of Dr Truter was not consistent with one or more of the principles of public life? Were any misrepresentations made in respect of the legal proceedings? Were any University of Leicester staff survey results requested for the period in which Professor Burgess has occupied the position of Vice-Chancellor?'

- 'Might any of those involved in the process, including the nominator, have been motivated by a wish to help Professor Burgess and/or those associated with him in the legal proceedings, or have any other questionable motive? And did any of those persons have any connections with judicial officers? As indicated in the [post on the UK bullied academics website headed "About the University of Leicester"], there are questions concerning connections or associations between the respondents and the judiciary which were never examined by the ET or EAT as the law requires.'

There are other issues that I believe need to be explored in the public interest. For instance, the Queen is the Visitor of the University of Leicester, a position that I understand gives her an adjudicative role in respect of certain internal matters; is it really appropriate for her to be conferring honours on individuals she may be called to judge on? Another question, as suggested in the above request for a review of the Honours and Appointments Secretariat decision not to disclose information regarding Professor Burgess's knighthood (and of relevance not only to the award of honours in the higher education sector, but also in other sectors), is whether those in the honours machinery seek to establish through hard data, such as staff surveys, whether there are any employment relations matters that might reflect negatively on a manager or head of an organisation who has been nominated for an honour. For information, a Staff Attitude Survey undertaken in 2004 at the University of Leicester - several years after Professor Burgess took up post as Vice-Chancellor - identified these issues, among others: 33% of academic staff did not think it safe to speak up and challenge the way things were done; 19% of staff said they had been 'subjected to unacceptable behaviours at work'; there was a need to 'improve management and supervisory skills of senior staff'; there was a need for 'more transparency in decision making and intentions'; there was a need 'to talk and listen to staff no matter how far down the ladder they are'; there was a need for 'more staff to avoid excessive workloads'. I am also aware of the results of a survey undertaken in 2006 as part of the University of Leicester's legal duty to implement a disability equality scheme. Those results showed a less than rosy picture in respect of attitudes towards disabled staff within the University of Leicester.

The issue of managers' pay is also potentially relevant in the area of staff relations and is of course also currently very sensitive for the public generally in respect of the public sector and institutions such as banks that are propped up by public funds. In respect of universities, it is no doubt also a sensitive issue for students. So far as Professor Burgess is concerned, the Leicester Mercury newspaper reported on 22nd September 2010 that Professor Burgess '[topped] the public sector rich list [in Leicestershire] with a £245,000 package in the past financial year' (2009/10). That figure is well above the average of a significant proportion of other staff in the University of Leicester. I also understand that in percentage terms, Professor Burgess's pay increase in the aforementioned period greatly exceeded that of most of his colleagues in the University. To be sure, Professor Burgess is not alone in this. The question is, should the Queen, the Prime Minister and others in the honours machinery be holding people up who allow this to happen, whether in the public sector or the private sector, as pillars of the community?

I am adding here a postscript to my initial contribution on this website, 'About the University of Leicester'. In mid-2010, a few months after Professor Burgess received the knighthood, Professor Burgess was made a Deputy Lord Lieutenant of Leicestershire by the Lord Lieutenant of Leicestershire, Jennifer Lady Gretton JP. (As a footnote, it appears that Professor Burgess's appointment was made in honour of service to the local community. The details of this service do not seem to be specified. There is information showing that the University of Leicester is one of the sponsors of the Lord Lieutenant's 'Award for Young People', but - presuming the sponsorship has a financial element - this could not be the service for which Professor Burgess was honoured since it would surely constitute a kind of cash for honours situation - and all the worse since the cash would presumably be that obtained from the public perhaps including financially hard-pressed students in fees. The service to the community given by Professor Burgess must then be something else.)

The Lord Lieutenant is the Queen's official representative for Leicestershire, carrying out various functions on the Queen's behalf. Deputy Lord Lieutenants such as Professor Burgess undertake engagements and duties which include representing the Lord Lieutenant. While it is the High Sheriff who (according to information published by the Lord Lieutenant's office) 'has precedence when in attendance upon Her Majesty's High Court Judges at the Crown Court', one of the 'main duties' of the Lord Lieutenant is 'Leadership of the Local Magistracy as Chairman of the Advisory Committee on Justices of the Peace (Magistrates)'.

As I indicated in the post headed 'About the University of Leicester', there was evidence suggesting associations or connections between the University of Leicester and the ET, but - despite legal and ethical principles requiring such questions to be addressed - neither the ET nor the EAT responded to the matter. And the respondents remained silent on the relevant submissions that were made on my behalf. Given that Professor Burgess's appointment as a Deputy Lord Lieutenant carries with it associations with judicial officers, there would now seem to be even more reason for anyone who might find themselves involved in a legal dispute with Professor Burgess and/or the University of Leicester to press for clear disclosure in legal proceedings of the nature and extent of connections or associations with the judiciary. Such connections or associations are not illegal but transparency is crucial.

Glynis M. Truter
LL.B. (Hons.) (King's College London), PG Dip. Legal Practice (College of Law), LL.M. (King's College London), Ph.D. (Cambridge)