GMB withdraw from Hackney investigation
GMB write to Hackney Mayor and Chief Executive regarding their withdrawal from joint investigation into bullying, harassment and discrimination in call centre and complaints team
If the Council is serious in listening to the concerns of their workforce, then the staff needs to be confident that the inquiry and investigation is independent and free from manipulation and interference, says GMB London
GMB, Unison and Unite have written to the Mayor of Hackney, Philip Glanville, and the Chief Executive, Tim Shields, regarding the unions withdrawal from the joint investigation into bullying, harassment and discrimination in the Neighbourhoods and Repairs Contact Centre (Call Centre) and Complaints Team. [See notes to editors for full copy of the letter]
In the letter the unions wrote:
“The recognised Trade Unions of Hackney (UNISON, UNITE and GMB) herby put
the Council on notice of our formal withdrawal from the joint investigation into
allegations of bullying and harassment in the Neighbourhoods and Repairs
Contact Centre.
After careful consideration and for the reasons set out below the Trade Unions
have been left with no alternative other than to withdraw from the process.
We do not have confidence that the Council has seriously taken on board the
concerns of staff in the Call Centre nor that they have taken seriously the call
by staff and the Trade Unions for an independent investigation.”
Despite the union’s initial calls for an independent investigation being resisted by the Council who wanted to deal with the matter internally, in November 2018 it was agreed between the Council, the Unions and the investigator that the participants in the investigations would be enhanced to include former employees of the Call Centre.
However, following a ‘catalogue of basic errors’ as well as accusations of interference with the investigation, the unions have said that members have ‘absolutely no confidence in the Councils ability to seriously and impartially investigate the allegations of bullying, harassment and discrimination in the Call Centre’, and as a result have withdrawn from the investigation.
The Trade Union’s will join the lobby of Hackney Council on the 27th of February at 7pm where the community are also asking what the Council is doing to tackle bullying and racism in the Council.
Vaughan West, GMB Regional Political Officer said:
“GMB London Region is standing in solidarity with all the recognised Trade Unions in Hackney Council, in calling for a fully independent, open and transparent investigation into the allegations of bullying and harassment in the Council's call centre.
“Such cultures should not exist in any workplace and staff should expect to be able to come to work in a safe environment.
“If the Council is serious in listening to the concerns of their workforce, then the staff needs to be confident that the inquiry and investigation is independent and free from manipulation and interference.”
ENDS
Contact: Vaughan West 07967 342197 or GMB London Press Office 07967 342197
Notes to Editors
Letter to Philip Glanville and Tim Shields (26 February 2019)
Dear Tim/Mayor Glanville,
We write in connection to our on-going concerns in relation to bullying, harassment
and discrimination in the Neighbourhoods and Repairs Contact Centre (Call Centre)
and Complaints Team, also following our recent meetings with the Chief Executive
(CEO), Director of Housing (DoH), Divisional Head of Tenancy and Leasehold
Services (DHoTLS) and after briefing the Head of Mayor and Cabinet Office.
The recognised Trade Unions of Hackney (UNISON, UNITE and GMB) herby put
the Council on notice of our formal withdrawal from the joint investigation into
allegations of bullying and harassment in the Neighbourhoods and Repairs
Contact Centre.
After careful consideration and for the reasons set out below the Trade Unions
have been left with no alternative other than to withdraw from the process.
We do not have confidence that the Council has seriously taken on board the
concerns of staff in the Call Centre nor that they have taken seriously the call
by staff and the Trade Unions for an independent investigation.
BACKGROUND
1. Trade Union Complaints of Bullying and Harassment
In April 2018, following meetings with the Head of HR and Operational Development
(HoHR), UNISON, UNITE and GMB (the TUs), formally approached the HoHROD
and the Group Director of Neighbourhoods and Housing (GDNHH) requesting that
the Council instigate an independent investigation into the current working practices
in the Call Centre.
The TU’s were aware of complaints from a number of staff in the Call Centre (both
members and non-members) who allege that they had been victims of bullying,
harassment and discrimination from management (the allegations).
Several examples of the serious allegations were provided to GDNHH. However,
despite briefing the HoHROD in advance and the serious nature of the concerns, no
response was received from either addressee of the letter sent in April 18. When the
TU’s eventually got to sit down with the Council in June 2018, our concerns had been
passed down to the DoH.
Despite the numerous serious allegations, initial calls for the investigation to be
independent were resisted. Dismissing the allegations, the TU’s were advised that if
there were issues of bullying and harassment it was the Council’s preference that
these be investigated internally. Our calls to consider suspending certain individuals
fell on deaf ears, which only emboldened managers to further mistreat staff.
From the outset it has been made abundantly clear to the TU’s that the experiences
of both former and current staff mean that some of those staff affected are fearful of
management; they have approached all TU’s advising that they perceive themselves
vulnerable as a direct result of the management culture operating within the Call
Centre.
The TU’s already collectively had serious concerns with the way the UNITE Shop
Steward and Equalities Rep, Natasha Johnson had been treated in that work area
following her complaints of bullying and discrimination. In retaliation, we believe,
Natasha was disciplined and later sacked by Hackney Council who were found to be
in beach of Data Protection law (by Lambeth Council) as part of their case against
Natasha.
After a joint dispute was lodged with the CEO in July and a joint TU public protest on
the Town Hall steps in September 2018 (where the TU’s concerns were brought to
the attention of Deputy Mayor and Lead Cabinet Member for Housing among other
politicians), matters where then brought to the Councils Directorate (Local Joint
Committee chaired by the DoH) and Corporate (Council Joint Committee chaired by
the Lead Cabinet Member for Employment and Skills)
2. Agreeing Terms or Reference and Appointment of Independent
Investigator
In early October 2018 some 6 months after the TU’s original request (and against
mounting pressure from the TU’s) the Council agreed to an independent investigation
into the working practices in the Call Centre.
The TU’s were advised unilaterally that the former Director of HR and Strategy and
Organisational Development at Lambeth Council (the Investigator) (a post held by
the investigator for almost 7 years) was to be instructed to undertake the
investigation, notwithstanding that Lambeth Council had itself been caught up in its
own discrimination, bullying and harassment row.
In November 2018 after extensive coverage of the TUs concerns in the local media
the Council called in the Investigator to discuss terms of reference with the TUs.
From the outset the TUs identified that there were some issues that could potentially
preclude staff from contributing to the investigation. It was fundamental to the TU’s
that all staff who sought to contribute to the investigation could do so in confidence
and impartially; these protections were necessary given 3 in 4 staff in this area are
on insecure temporary contracts, largely female and BAME, as well as being
amongst the lowest paid staff in Hackney.
The Investigation
Terms of reference were agreed between the Council, the TU and the investigator in
November 2018. Following a meeting with the Mayor, the participants in the
investigation were enhanced to include former employees of the Call Centre and a
letter was sent to all staff confirming what had been agreed in anticipation of staff
briefings lead by the CEO, GDNHH, DoH and TU’s.
Despite the TU’s drawing the Council’s attention to the serious allegations and
working with both management and the investigator to agree terms of reference that
took into account the sensitivities and perceived vulnerabilities of some of those who
wished to make contributions, the TU’s were concerned that:
· The contact in the letter to staff referred to a named officer, appointments were to be made by email only, the named officer was away for some time, no arrangement were made to inform staff of alternative arrangements for contact.
· Staff reported to the TU’s that they were advised that they were unable to book a session with the investigator as all slots had been allotted and there was no assurances given to staff of additional slots up and until the TU’s made representations.
· There was an unacceptable delay in setting up the external investigator email address; the email address that was set up identified the external investigator as the Head of Building Maintenance, an internal Senior Management position.
· Despite it being agreed by Management that a number of directly related disciplinary investigations/cases and witness statements involving serious allegations of discrimination/racism were to be passed to the investigator in September 2018, the investigator was not made aware of these until after the TU’s met with him in February 2019.
Even with this catalogue of basic errors at best fundamental flaws at worst, the TUs
persisted with the investigation process.
Alleged interference with Investigation
On January 30th the TU’s were advised of serious allegations in connection to a
member of the management team in the Call Centre cautioning staff about how they
contribute to the investigation
These concerns were immediately reported to the Council, despite assurances given
by the CEO and GDNHH at staff briefings that all contributions to the investigation
would be treated confidentially and impartially the TU’s concerns were again passed
to the DoH who tasked the DHoTLS to look into the concerns reported to the TU’s.
The DHoTLS confirms that he carried out an impromptu visit to the Call Centre
whereupon he was advised by a senior member of the Call Centre management
team of officers in the team of the manager who is said to have interfered with the
investigation. Only those staff identified by the senior manager were spoken to, the
majority of staff were not spoken to. Alarmingly this appears to have taken place on
the floor of the Call Centre.
The DHoTLS subsequently adjudged that no formal action needed to be taken and
closed his investigation. Following concerns raised with the CEO about the decision
to close the investigation it appears that the Council are now reviewing that decision.
Despite both UNISON and UNITE both independently raising their concerns in
relation to interference in the investigation neither TU was asked to take part in the
investigation or asked to provide further information about the allegations that had
been reported to the respective TU’s by staff in the Call Centre.
The TU’s have no faith in the exercise the Council carried out in response to the TU
concerns nor does it appear that the Council are taking the investigation into the
alleged interference with witnesses seriously. Regrettably, to staff working in the Call
Centre and to the TU’s, the Councils failure to launch a proper investigation has done
nothing but serve to confirm the growing unrest amongst staff and lack of confidence
in the Councils ability to investigate themselves impartially.
Internal Recruitment to Management Position in the Neighbourhood and
Housing Directorate
In mid-February, in the midst of the 1st stage of the 4 staged investigation with
agreed terms of reference to determine if among other things there is evidence of
bullying, harassment, intimidation or discriminatory behaviour by managers or staff;
whether there is evidence that staff concerns were not being appropriately dealt with
by managers and whether there is evidence of inappropriate management practice
within the Contact Centre; the Council confirmed the internal appointment of a
manager in the Call Centre to a senior management role (the internal recruit).
Notwithstanding the terms of reference the Council continued to recruit to the senior
management post internally from the current management team in the Call Centre.
No notice was given to the TU’s of the appointment and no justification was given to
the TU’s to explain the timing of the recruitment and or why (given the agreed terms
of reference) the appointment has been made from the pool of senior managers in
the Call Centre prior to the investigation being concluded.
These concerns were immediately brought to the attention of the CEO and Mayor
and Cabinet office. Alarmingly despite the investigation being far from concluded and
in the face of various assurances from the Council that contributions to the
investigation are confidential the DoH in a recent meeting about TU concerns
openly disclosed to the TU’s that there were no issues relating to the internal
recruit.
Next steps
Taking into account what has been set out above we have been forced into a
position where our members and the staff in the Call Centre have absolutely no
confidence in the Councils ability to seriously and impartially investigate the
allegations of bullying, harassment and discrimination in the Call Centre. The Council
appear unable to hold staff accountable when there are complaints or come to any
meaningful conclusions despite the background to the investigation and the
seriousness of the allegations. Worst of all, staff are continuing to suffer intimidation
and indignity on a daily basis.
The TU’s will join the lobby of Hackney Council on the 27th of February at 7pm where
the community are also asking what the Council is doing to tackle bullying and
racism in the Council. Since the unions brought the issues of the Call Centre to the
public's attention via our petitions, protest and the local press, we have been
inundated with staff complaints from all across the Council.
As a result of the Councils failure to instil confidence in the staff, TU’s members have
now contacted the TU’s to advise that they have already or are considering
withdrawing their testimony, these concerns were communicated to the CEO and the
Mayor and Cabinet Office.
In a joint report sent to Councillors on 31st October last year, the Trade Unions
publicly said that ‘Hackney Council management have created a crisis affecting its
workers, service users and residents that it is presently either unable or unwilling to
solve.
Unfortunately, by Hackney council’s actions and inactions this is exactly the situation
the Trade unions feel we are in.
The Council's existing policies & procedures are clearly insufficient in protecting staff
from abuse and mistreatment, whilst the extensive use of insecure agency contracts
supports a culture where staff are disposable and bullying behaviour festers.
The trade unions are now consulting with members on what our next steps should
be. Although a last resort, we do not rule out balloting our members for potential
strike action.
It is deeply saddening and disturbing that faced with an opportunity to address the
damaging allegations brought before it, the Council has instead consistently
undermined the process and are perceived by the TU’s, its members and staff as
having prejudged the outcome of the investigation before it has been concluded.
Yours Sincerely,
Hackney UNISON
Marvin Hay (Joint Branch Secretary)
Glyn Harries (Joint Branch Secretary)
Matthew Paul (Housing Convener)
UNITE
Steve Edwards (Housing Convener)
Hilary Fairman (Corporate Representative)
GMB
Lee Ray (Corporate Representative)
Image: Diamond Geezar via Flickr
