Barsteadworth College: How Workplace Bullies Get Away With It [Paperback]

Stephen Riley (Author)

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Stephen Riley (Author)

 

Product Description

Barsteadworth College is a book about workplace bullying, the damage it causes and institutional suppression of the truth about both.

Workplace bullying is a hot contemporary topic. It crops up in conversations between friends and colleagues and not infrequently in the television, radio and print media. It can often seem that everyone has either been bullied at work or knows someone who has. However, cases where a victim of workplace bullying has taken on 'the system' and won are few and, because of this, are big news when they happen. This is due in no small part to the routine use of 'gagging clauses' in 'compromise agreements', which bring to a close the one-sided battles that take place between bullied employees and their employers/managers. Victimised employees can find themselves placed in situations where they have no alternative but to resign and then contractually prohibited from speaking about their experiences by the agreement that terminates their employment. Thus, it is ensured that the extent of the kind of abuses described in this book remains hidden and that one of the routine social sicknesses of our time and the knock-on actual sicknesses that result stay largely invisible and unchallenged.

The author, Dr Stephen Riley, has experienced workplace bullying and its damaging consequences firsthand and, like many, he is prohibited from speaking by a 'compromise agreement'. In Barsteadworth College he therefore uses fiction as means of describing and analysing the issues: Dr Dan Ripley, a Fine Art Lecturer, moves from Manchester and takes a job at a provincial art college in the south of England. After a time, a new manager arrives and starts to appoint friends and family and to create preferential working conditions for herself and her clique. Those outside of the clique - Dan and two others - are then subjected to a wide range of undermining activities from their line-manager, including staged public humiliations at meetings, unmanageable workloads and endlessly contradictory instructions. The book describes the gradual corrosive effects of the bullying: fatigue, loss of confidence, confusion and then depression. It then describes what happens when Dan complains: the college's managers close ranks and connive with the bullying line-manager to discredit the allegations, eliminate evidence and vilify the complainant.

Ultimately, Barsteadworth College is an appeal to law and policy makers to address the current situation, which is hopelessly skewed in favour of workplace bullies and against their victims and, within this, to address the question of how, when suitable policies are in place, institutions can be made to adhere to them and be answerable if they do not.




Workplace Bullying

Informative page at Wikipedia
http://en.wikipedia.org/wiki/Workplace_bullying

See also Mobbing which has a similar meaning

Workplace bullying, like childhood bullying, is the tendency of individuals or groups to use persistent aggressive or unreasonable behaviour against a co-worker or subordinate. Workplace bullying can include such tactics as verbal, nonverbal, psychological, physical abuse and humiliation. This type of aggression is particularly difficult because unlike the typical forms of school bullying, workplace bullies often operate within the established rules and policies of their organization and their society. Bullying in the workplace is in the majority of cases reported as having been perpetrated by management and takes a wide variety of forms. Bullying can be covert or overt.


Extract relevant to the UK

In the United Kingdom, although bullying is not specifically mentioned in workplace legislation, there are means to obtain legal redress for bullying. The Protection from Harassment Act 1997^[35] is a recent addition to the more traditional approaches using employment-only legislation. Notable cases include Majrowski v Guy's & St Thomas' NHS Trust^[36] wherein it was held that an employer is vicariously liable for one employee's harassment of another, and Green v DB Group Services (UK) Ltd,^[37] where a bullied worker was awarded over £800,000 in damages. In the latter case, at paragraph 99, the judge Mr Justice Owen said,

"...I am satisfied that the behaviour amounted to a deliberate and concerted campaign of bullying within the ordinary meaning of that term."

Bullying behaviour breaches other UK laws. An implied term of every employment contract in the UK is that parties to the contract have a (legal) duty of trust and confidence to each other. Bullying, or an employer tolerating bullying, typically breaches that contractual term. Such a breach creates circumstances entitling an employee to terminate his or her contract of employment without notice, which can lead to a finding by an Employment Tribunal of unfair dismissal, colloquially called constructive dismissal. An employee bullied in response to asserting a statutory right can be compensated for the detriment under Part V of the Employment Rights Act 1996, and if dismissed, Part X of the same Act provides that the dismissal is automatically unfair. Where a person is bullied on grounds of sex, race or disability et al., it is outlawed under anti-discrimination laws.

It was argued, following the obiter comments of Lord Hoffmann in Johnson v Unisys in March 2001,^[38][39] that claims could be made before an Employment Tribunal for injury to feelings arising from unfair dismissal. It was re-established that this was not what the law provided, in Dunnachie v Kingston upon Hull City Council, July 2004^[40] wherein the Lords confirmed that the position established in Norton Tool v Tewson in 1972, that compensation for unfair dismissal was limited to financial loss alone. Unfair dismissal compensation is subject to a statutory cap set at £60600 from Feb 2006. Discriminatory dismissal continues to attract compensation for injury to feelings and financial loss, and there is no statutory cap.

Access to justice in the UK is via self-representation at a tribunal, via a no-win no-fee lawyer, or via insurance or trade union lawyers. Since the Access to Justice act, "collective conditional fees" have blurred the distinction causing controversy for example in the case of Unison v Jervis.

See also: UK employment discrimination law