Rejected claim highlights trials of casual staff

Investigation rules that part-time lecturer was not harassed, just the victim of college-wide practices, reports Phil Baty

A failed personal harassment claim has uncovered more general concerns about the overwork, insecurity and stress levels of hourly paid part-time staff at Leeds Metropolitan University.

Claims by Julia Odell that she had been bullied and harassed while working as an art lecturer at Leeds Met Harrogate College were categorically rejected after an internal investigation by the university, which insisted this week that its procedures were always "applied rigorously" and fairly.

But the university ruled that her claims to have been harassed failed partly on the grounds that many of the problems it accepted that she had encountered as a casual member of staff had applied to other staff and were the result of general policies at the college. So Ms Odell had not been singled out for unfair treatment.

Ms Odell spoke out this week after signing a deal with the university to settle her allegations of constructive dismissal, which had been due to be heard at an employment tribunal.

In settling the case, the university admitted no liability, but Ms Odell said that her experiences raised wider issues for a sector that employs 60,000 staff on casual, fixed-term contracts.

Ms Odell told The Times Higher that the stress of working as an hourly paid part-time lecturer, combined with the pressures of taking out an unsuccessful harassment case against a manager, which lasted nine months, had left her with serious mental health problems. She has been seeing a clinical psychologist for several months and was declared bankrupt last month.

"I am no wilting flower. At nearly 6ft tall, and weighing in at some 13 stone I make an imposing figure and I taught the most challenging students in the college," she said. "I have been too unwell to seek any form of employment or to visit my family and friends. I have lost my career and am now in a terrible and embarrassing financial situation."

After seven years as a lecturer in art and design at Harrogate College, Ms Odell resigned at the end of last year. She has been living on incapacity benefit since.

Ms Odell's problems with the college came to a head in October 2004 when she invoked harassment procedures against a manager. Although her allegations were rejected by an internal investigation and an appeal hearing, the findings in her case provide an insight into the difficult climate for casual lecturers at the college.

Ms Odell complained that she had been carrying out duties at a more senior level than her contract stipulated. But although she had been given a small payment to acknowledge this, her request to be placed in a higher employment band had been rejected.

The university's internal investigation by Elaine Flowers, head of curriculum, quality and standards at the college, concludes: "The issue of duties and banding was a general issue within the college and did not relate only to Julia Odell. It is recognised that this was not a satisfactory situation. However, this cannot be construed as personal harassment."

Similarly, the Flowers report says that Ms Odell's complaints about the "insecurity and uncertainty" of her employment, with contractual arrangements commonly being confirmed at the 11th hour before the academic year began, are legitimate. But again, as this was a general problem for all, it is not a matter of harassment.

"It is accepted that uncertainty of part-time hours can produce a feeling of being undervalued," the Flowers report says. But as this problem was a result of general "college policy on employment practices" it does not amount to personal harassment.

The Flowers report also acknowledges Ms Odell's concerns about the lack of training and development opportunities for part-timers; but again, this is part of college-wide policy.

Ms Flowers' investigation also reveals that staff routinely suffer criticism that is not balanced with praise for good work. The Flowers report notes that "management style in the full acknowledgement of strengths may be an issue for the management team to consider".

With regard to one manager, the Flowers report says: "It may well be the case that appreciation was not noted, and problems were... This is an aspect of management style which it might be useful for (the staff member) to reflect on. However, on balance, it cannot be concluded that this was a component part of a deliberate pattern of harassment."

Throughout her case, Ms Odell was supported by Adrian Jones, regional official for universities at the University and College Union. He attested to the inhospitable climate she had worked in by citing a survey of staff at the college, conducted by the UCU last year, that found a "complete lack of trust between members and their line managers".

The survey, which received 64 responses, identified concerns about high workloads, with particular pressure on hourly paid lecturers - some of whom, the union said, worked well in excess of 550 hours a year.

Mr Jones said that he had pushed for an independent investigation, which the university had rejected.

A spokesperson for the institution said: "Leeds Metropolitan, in common with other universities, has procedures in place to deal with disputes between staff that may arise from time to time. We are confident that these procedures are robust and are applied rigorously.

"The university will not comment on individual cases."

The spokesperson said that the university was appalled that the media had been leaked "selective quotes from a confidential report without any thought for the impact on the individuals concerned".

phil.baty@thes.co.uk