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Thank you all for participating and sharing your concerns. I hope this has been helpful. Please remember that if at all possible, it is better to resolve these problems at the workplace. Your NUJ rep or NUJ industrial organiser can try to help with that. Legal action can be considered but is usually difficult and can be very stressful. Posted by: Roy Mincoff: 25 Sep, 2008 20:07:23

Hi Can't Cope, How do you know that the work he is presenting is yours? Is it exactly the same or is it reworded? You should keep copies of what you have written, ensuring that the date and time is shown, and then check that against the work presented by your line manager as his own to the senior manager. Keep copies away from work. You could then again raise this with your line manager, with copies of the evidence and ask that he acknowledges that it is yours when he presents it in the future to the senior manager. If you then think it is still happening you could go direct to your senior manager. What's happening may be unfair. It may be done to try make the line manager seem efficient and capable, or just to keep you down. Does it happen with any of your other colleagues as well? They may join you in a grievance if it doesn't stop. It is important for pay promotion and for future employment opportunities that you have your work acknowledged. But remember the senior manager may not care who is doing the work, as long as it is done. So there is no guarantee of a positive outcome, but may be worth trying. Posted by: Roy Mincoff: 25 Sep, 2008 19:26:19

Former newspaper hack. It’s obviously a difficult situation, particularly if you don’t think you will have the support of your younger colleagues. But you should sound them out – they may share your concerns but haven’t felt able to voice them due perhaps to their inexperience and lack of seniority. You should see your doctor, explaining your concerns and what is making you ill. If you didn’t agree specific additional payment, it would be difficult to demand that for past work. You should look at your contract and statement of terms & conditions of employment and job description and see what they say your duties are. But you may have effectively agreed in the past to take on these extra duties. However, your health should be more important than the additional pay and you need to inform your employer that the additional work is damaging your health. Also, are you properly trained to do the film work? If not, you could request training to be able to do it and you may then feel less worried about doing it, if you still have to. TUPE (Transfer of Undertakings Regulations) are complex and your situation should be carefully considered. Is the NUJ recognised in your workplace? If so, the chapel can take up the pay, training and health issues. If not, you should contact your NUJ industrial organiser – see our website for contact details – who will access legal advice if needs be. You could raise with your employer your concerns about expressing your views on TV, but if that is the type of coverage your employer wants, it can demand that you have to do like that. You could try to comment in a way that does not offend. Posted by: Roy Mincoff: 25 Sep, 2008 19:12:33

Hi there, not sure if this is a question on bullying but I would appreciate your opinion on this Roy. My line manager has on a number of occasions presented my work as his own to our senior manager. I have tried to broach this with him but have been told that I am delusional. I am finding the whole situation incredibly frustrating and quite stressful, to the point where I am starting to dread coming into work. What can I do? Posted by: Can't cope: 25 Sep, 2008 18:58:12

Re Anon: This appears to amount to misconduct, and some of it gross misconduct, but you can’t force the Board to discipline the MD. It is not likely to amount to harassment for which the threshold to cross is very high and conduct must be really serious, enough to be able to give rise to criminal proceedings. But the company itself is now aware of the behaviour and has a duty to protect the health and safety of its employees and could be responsible if it fails to do that. That applies equally to psychological injury caused by working conditions such as exposure to bullying and harassment as to physical injury. You and your colleagues who have been affected could all consider submitting grievances, or you could together send a collective grievance. You should all log all the instances of misconduct, and keep that and any correspondence and documents safe, away from work. You may want to see what the Board is going to do first to correct the situation. If you have any more concerns you should contact your NUJ rep or if none, your NUJ organiser – contact details are on this site. Posted by: Roy Mincoff: 25 Sep, 2008 18:47:20

Myself and other journalists who work for a magazine are being pressurised to undertake film work in addition to our normal jobs without pay or recognition. Our work load is always increasing as the publisher keeps losing staff elsewhere. I was very enthusiastic about the TV angle when it was first mooted a few months ago but now the climate has changed. When I raised the topic of extra payments and pointed out that this was outside our contracts of employment with our publisher this week he cut me dead abruptly saying we would be expected to do this for no extra money and then stormed out of the office. What are my legal rights on this issue? I expressed my willingness to do this but on the understanding that there would be extra payments involved. My situation is slightly different to the others in that I was part of a TUPE transfer when the publisher took over the magazine a few years ago. I was the only one taken on from the old company. Everything to do with money has been a battle with the new publisher and now I am very worried about how I stand. We are a very small group and I don't expect to have the support of my colleagues on this as they are in their 20s and are not used to fighting for their rights. I have tried to get them to support the NUJ in the past but without success. Can you advise me please as I am very worried about this and it is causing many sleepless nights? Posted by: Former newspaper hack, 45: 25 Sep, 2008 18:34:42

Overworked, in addition to the points Lena has made, what does your contract say about working hours. It may be there is a provision for having to do such additional work as may be reasonably necessary. You may be having to work hours in excess of the Working Time Regulations. Reasonable hasn't a specific definition, but it may well be that you are being asked/forced to do far more than is reasonable, given the increased size of the magazine and limited resources you have. You should put your concerns in writing to your manager, pointing out also that this is making you ill, that you have had to consult your doctor and that the company needs to resource the business properly, as it has a duty of care for your health, welfare and safety (and of all its employees). If the response is not satisfactory, you could send a formal grievance. You should contact your NUJ rep, or if there isn't one, your NUJ industrial organiser. Contact details are on this website. A claim for constructive dismissal is where the employer has behaved in such a way that the employee is entitled to resign without notice, claiming that the employer's conduct left no alternative. The conduct must amount to a serious fundamental breach of the contract. The employee must have left as a consequence of that breach and there must have been no significant delay between the breach and the employees resignation. But these are very difficult cases to win, and remember you could be out of a job without an income if you did that in the hope that you would win the case in the future. You would also have to try to mitigate your loss, that is to try to find other work and be able to provide evidence of your efforts to do that. Also you are entitled to a minimum of 4.8 weeks paid holidays a year rising to 5.6 days in April 2009 (28 days for workers for workers on a 5-day week) and you should insist on taking them. You should not resign without first taking full advice from the NUJ to whom you should provide a chronological historyand all documents, correspondence, notes of grievances etc. Posted by: Roy Mincoff: 25 Sep, 2008 18:31:50

Responding further to Priscilla’s question earlier – you should log these instances, find out if any of your other colleagues would be witness for you (or if not, are they going to be witnesses against you) and report your concerns to management, in writing. You may think it is right to say that your colleagues have only complained to try to deflect criticisms of them and they have done so without good cause. It’s not clear if disciplinary procedures are being taken against you. You should contact your NUJ rep – if you don’t have one contact your NUJ industrial organiser for your work sector. You can find their contact details under contacts on this site. Posted by: Roy Mincoff: 25 Sep, 2008 18:29:34

Hi B May I assure you straightaway that all questions and comments to this online forum are kept completely confidential. You raise a very valid point about training of NUJ reps. We have taken this on board and we are making sure that reps' courses on advising members always contains a section on the importance of dealing with bullying situations. We also ran a very successful equality officers training course last year and took it round the country in Scotland, Wales, England etc. This contained a detailed module on how to deal with a member who had been bullied and also how to take the situation to management and push for model agreements on dignity at work. Previous to this we did have a series of dignity at work workshops organised by the NUJ's Equality Council where we offered training on how to deal with the issue. All the training we have done so far has stressed how bullying can make people very ill and how carefully a rep needs to handle the situation and be aware of the needs of the person being bullied. One of the first things we advise people who are being bullied is to go to their doctor and report that they are feeling stressed from the situation at work. This hopefully assists the member by being able to take the issue out of the workplace and to receive some counseling if required but it also means that an employer, when confronted by this information, is made aware of the seriousness of the situation and hopefully goes on to tackle the issue. We are very clear that we want members to get proper redress, not just some financial settlement. This leaves the bully to do the same to someone else and not necessarily helping the member who has suffered bullying find real closure. We hope that the work we are doing on highlighting bullying as a real problem in newsrooms etc by producing the handbook and poster and doing this online forum will raise the issue with reps and members and we can build on this in terms of future training. Contributions such as yours are very helpful as it brings home how devastating bullying can be and how long it can take someone to get over the stress. I am glad to hear that you seem to be getting a dreadful time and I am very grateful to you for revisiting some painful memories to make this very valid point. Posted by: Roy Mincoff: 25 Sep, 2008 18:08:31

Two years ago, I was on the receiving end of a stonewalling campaign by my boss on a newspaper. Unfortunately, it wasn't an NUJ newspaper, and as a new employee I had few rights. The boss ultimately took me to disciplinary, and I called in an NUJ rep to accompany me. My question is, do NUJ reps understand enough the psychology and symptoms of bullying? I ask, because the rep in question focused only on trying for a financial settlement, rather than on highlighting my boss' treatment. Neither of us had corroborating witnesses but she was the boss, I was the newbie and both HR rep and NUJ rep listened sympathetically. When we left the building - me terminated, no settlement, no references - the NUJ rep turned to me and said, hey, maybe next time you'll be sensitive to your manager's feelings. Later, after discussion with union colleagues, he phoned back and said maybe I hadn't had a fair hearing and suggested fighting on! I went on to have a breakdown. It's taken two years to get back to full-time self-employment. I wouldn't wish my experience on anyone. What destroyed me was feeling that nobody believed me - that maybe I was responsible for it all. I know now that's the classic reaction to being bullied. I feel NUJ reps urgently need training in the causes, effects and symptoms of bullying. Posted by: B: 25 Sep, 2008 18:03:21

Thanks for your very helpful reply Lena. I will tune in later to see Roy's coments. I think this situation is particularly common with journalists because it's a key part of our job to meet deadlines AND ensure accuracy of reporting. So we can't just say "I've done enough for today" or work at a less frenetic pace for a while - we HAVE to get it all done or our reputation suffers - and in my case there seem to be no limits to how much I am expected to do. I'm sure a lot of other journalists are suffering in the same way. Posted by: Overworked: 25 Sep, 2008 18:02:57

Hello there and welcome to the second session of our online forum. Let me introduce myself. My name is Roy Mincoff. I am a solicitor and have been the NUJ’s Legal Officer for 3 years. Prior to coming to the NUJ, I worked for many years for the National Union of Teachers that was at the forefront of legal test cases concerning work-related stress issues, in which I had considerable involvement. The media industry is no less difficult. Increasingly over the last 3 years, bullying, harassment and stress have become major issues for our members. The NUJ seeks to utilise all avenues to tackle this: increasing awareness, knowledge and understanding; trying to ensure good workplace policies are not only in place but are properly operated and monitored; and challenging employers where this is not so, on an individual and collective basis. Legal action is always a consideration if it is not possible to resolve difficulties at the workplace. I welcome any questions you may have for me on bullying in the workplace and how we can collectively stop it. Posted by: Roy Mincoff: 25 Sep, 2008 15:41:11

Thanks for all your questions. I'm signing off now. Our Legal Officer Roy Mincoff will be here from 6pm to add his own thoughts on your queries and to take any new questions you may have. Remember, if you are being bullied or are witnessing bullying at work, talk to your NUJ rep straight away. It's always best to tackle these problems by changing the culture of an organisation, rather than waiting for things to get worse. Have a look at the NUJ handbook and the other pages on the site for ideas about what you can do. Thanks for your time Lena Posted by: Lena Calvert: 25 Sep, 2008 14:24:57

In response to overworked. Your problem is one that is mirrored throughout the industry. Too many employers are cutting back on staff to the detriment of existing staff and journalist standards. I can tell from your comment that you are feeling really stressed about the situation and you are right in feeling that this situation can't continue. Whatever you do, don't just walk out and claim constructive dismissal. You should contact your local NUJ rep immediately and if you haven't got one you should get in contact with your industrial organiser covering magazines. You are clearly being bullied but there are also issues relating to your management's duty of care towards you in terms of asking you to do the work of several other journalists. I think you should also go to your doctor and explain what is happening at work and that is making you stressed and exhausted. I think my colleague Roy Mincoff will have a lot of advice to give you so I am going to ask him to respond to you as well. He will be online from 6pm. Make sure you have copies of all your written complaints and all other emails that you have exchanged with management. Keep copies at home as well. If you feel able, write down in chronological date order what has happened, who you have spoken to and what they said. This will help Roy and your industrial organiser get started on sorting out this mess for you so you can stop worrying. The NUJ is very aware of how staff cut-backs are affecting members and we are here to support you. Posted by: Lena Calvert: 25 Sep, 2008 14:17:20

In response to: Too scared to speak out - Have you spoken to some of your colleagues about this? You may find that they are also finding the situation difficult and they may be waiting for someone to speak out as well. Your line manager is clearly bullying your colleague and this poor new person is probably finding the situation really difficult to handle. Has anyone spoken to him or her? If they know that other colleagues think the behaviour is inappropriate this might give the new member of the team the courage to approach your line manager on a personal basis. In any case you really should speak with your local NUJ rep about this and ask them to approach your management about the specific situation. They could also suggest that line managers be given some training on the issue of dignity at work or at least be given guidance on expected standards of behaviour. Put yourself in your colleague's position. If it was you who was being made to look a fool on a regular basis, wouldn't you want someone to do something? Share your concerns with other colleagues and speak with your NUJ rep. You might even like to support your bullied colleague in other ways such as quietly congratulating them on a piece of work or helping them with things they find difficult. Hopefully your line manager doesn't mean to bully but is just under the mistaken impression that a new person needs shaping up. Once they realise that other people are feeling uncomfortable they may change their approach. If they don't and the reasons for the bullying are more vindictive this situation can only get worse and it will get more damaging for not only your colleague but for all of you. A quiet word now may save alot of distress in the future. Posted by: Lena Calvert: 25 Sep, 2008 14:03:06

The magazine I edit has increased by about a third since I became editor, and accordingly the workload, but the number of journalists has not increased at all - in fact, when a journalist left my tean a few months ago they were initially not replaced at all, for several months, and then a journalist with considerably less experience was hired. If there is any possibility that our workload might not be completed by deadline I am strongly criticised, yet in other ways my work has never been at fault. In addition, if it looks as if we are likely to meet deadline on time, I am generally asked to make changes to proofs and told that they are not good enough, often for what appear to be whimsical and ever-changing reasons. I have had to work so much overtime over the past 18 months in order to complete our huge workloads, and yet the workload keeps on increasing all the time, and despite repeatedly requesting more staff for our team, this is always denied. Freelance help is given grudgingly and only in times of absolute desperation. Yet other magazines published by our company with the same number of pages have more journalists than we do, and in addition to this they are allowed freelance help whenever any of their staff go on holiday. I have only been able to take a few days holiday this year. I have made formal complaints to my managers about this situation, and in return I have been subject to verbal abuse and my professional competence has been brough into question. I am very stressed and exhausted and have virtually no life outside work. I have not been able to find another job, even for lower pay. I feel I might have to leave soon due to mental and physical stress, but this would leave me in dire financial straits as I have mortgages. And if I did leave, I am certain that they would immediately hire two or even three people to replace me, or significantly reduce the size of the magazine - this happened when I left a previous job due to overwork (however at that time I had a better job to go to). Can I take action against my managers for bullying or victimisation? If I had to leave, would I have grounds for constructive dismissal? Posted by: Overworked: 25 Sep, 2008 13:34:59

My line manager regularly ‘pulls’ up the newest member of the team, and has no problem doing this in front of the entire team. When he does it, the line manager says negative things about my team member’s work, ridiculing its quality and comparing it to all sorts of unmentionable things. I don’t think this behaviour is appropriate, in actual fact I find it quite disturbing to watch but am too scared to say anything, for fear that I might be next. Is there anything I can do? Posted by: Too scared to speak out: 25 Sep, 2008 13:33:38

In response to Mike. You speak about a macho culture. The problem is how far does it have to go before you think its going too far? Its possible that if a new person joined your newsroom, they might find even the bits you find enjoyable make them feel uncomfortable. And if its very macho (euphemism for sexist Mike?)a woman joining your team might actually find it very disturbing, so much so that it could constitute sexual harassment. So maybe you need to start gradually raising the tone by coming back on some of these comments? You may find that you are not alone in finding some of the banter disturbing. You might also think along the lines of encouraging your NUJ rep to suggest the need for a dignity at work policy and to raise the issue for discussion within your chapel and even with your management. As I have mentioned before, sexual harassment is deemed to have occured if the person complaining feels their dignity has been violated. So its the EFFECT and not the intention that is taken into account. Maybe some of those dishing out the so-called banter might think twice if they are made aware of this, you never know... Posted by: Lena Calvert: 25 Sep, 2008 13:28:13

I'm working in a newsroom where the level of 'banter' means there is a pretty macho culture. I enjoy it most of the time but on occasion I think things go a bit too far. Is there anything I can do to raise my concerns without coming across as a complete killjoy? Posted by: Mike: 25 Sep, 2008 13:08:27

In response to the member who is being given extra duties. From the information you have provided in your email, I would say that the actions of your MD may not yet constitute bullying but it is perhaps the start of a situation which could contain a bullying element. From what you have told me, it would seem that two days extra work a week is not acceptable and may amount to breach of contract. In the first instance I would recommend that you ask for a meeting with your line manager to sort this out. Make it clear at the meeting that all this extra work is not a reasonable request and will, of course, impact on the work you are already doing. Make it clear that you have already said this in writing to the MD. I would advise you to make notes of the meeting, particularly of any responses you get from your line manager. If you have a local NUJ rep, make sure they come along to the meeting, you can still say its an informal meeting but its always wise to have someone with you. If you come to an agreement of any sort, make sure you email your manager after the meeting to confirm what was agreed. If no agreement is made, it would be advisable for you to still email him/her to outline what you said in the meeting and what your anxieties are about the MD'srequest. A note of the meeting may become extremely useful for future reference if needed. You need to make it quite clear that the work load required of you is excessive and the way that the "request" has been handled has made you feel uneasy and concerned, especially the lack of response. Even if your contract specifies that the MD can give you extra work, it is not reasonable to expect someone to take on a huge new workload. If management insist that you do, without making some compromises about your existing work or the new work, you could consider putting in a formal grievance. You need to speak with your local NUJ rep, if you have one. If not you should speak to your industrial organiser, names and numbers are listed on the NUJ website. Make sure you keep all your emails, correspondence and notes and make sure all are dated. If they are reasonable people you should be able to agree an outcome that suits all parties. If they aren't reasonable you need to make sure you keep on top of the situation as you will need to take this further. Posted by: Lena Calvert: 25 Sep, 2008 13:05:57

Our MD asked me to do a great deal of new work, regularly (ie every week) which is not part of my remit - I have done the same job for ten years. What he requested would take up to two days extra each week. I said this was impossible, but sent him an emailed note, asking for an outline of what precisely was required so I could give it 'due consideration'. He agreed to do this by return email. A few days later a formal letter came to my home, thanking me for agreeing to do the extra work (which had never been outlined in an email and was not outlined in the letter). This really distressed me so I sent an email saying that I had NOT agreed to do any additional work that constituted signigficant variance to my current job. The MD then, two weeks later, asked my line manager whether I was doing the extra work - which was reported back to me and which worried me again. I feel harrassed by this. I feel this may constitute bullying - but is that correct? Posted by: : 25 Sep, 2008 12:57:56

In response to J. I quite agree with you that sometimes support from colleagues is lacking when someone is being bullied. This, of course, is due to the fear that they will be swept up in the bullying and the bully will turn on them or that they don't want to get involved as it is likely to be a difficult situation. I hope you will agree that what the NUJ is trying to do at the moment by raising awareness about bullying and how it can be so destructive, will go some way towards giving people the confidence to stand up to bullies for themselves or if it is happening to a colleague. If bullying can be stopped before it starts to develop, by the implementation of a model agreement on dignity at work or by getting managements to make it clear to staff that people must be treated with respect and by promoting a respectful atmosphere at work, this is much better than trying to deal with a bullying situation once it has started. Of course, we recognise that bullying does and will happen even in those areas that have agreements and policies. However, if on-lookers feel that they are backed up by a policy of dignity at work, they are more likely to come forward and support and raise the alarm. Knowing what constitutes bullying is also useful as we sometimes get members telling us that they didn't realise what was happening to them actually was inappropriate and was bullying! We need to pin down the lie that working as a journalist means having to put up with disrespectful behaviour. Hopefully everything we are doing, by producing our handbook which gives practical advice and the poster which members can put on notice boards to raise the issue, and indeed by setting up this on-line bullying forum, will start to get members talking about the issue and give them the confidence to do something positive rather hoping it will go away. Posted by: Lena Calvert: 25 Sep, 2008 12:54:55

In response to Priscilla. The definition of sexual harassment has recently been revised under the Sex Discrimination Act Amendment Regulations 2008. One of these amendments was to extend an employers' liability to harassment carried out by third parties. So your employer should be carrying out a full investigation of your complaint in the first instance. Harassment is a form of direct discrimination that violates your dignity and in law it is shown to occur if its effect, rather than just its purposes, is to violate dignity. This means there is no need to show that the harsssment was intentional. So its your perception of the harassment that is taken into account. You are clearly very troubled and stessed otherwise your doctor wouldn't have signed you off. This should make it very clear to your management that the situtation is very serious. You should talk to your local union rep and make it clear that this situation is making you ill. If your local union rep feels they need assistance, since the allegations are so serious, they should contact your full-time NUJ industrial organiser. Details of organisers' names and contact details are on this website under Contacts. Roy Mincoff, our Legal Officer, may have something to add to my comments when he comes online later. I hope this helps. Posted by: Lena Calvert: 25 Sep, 2008 12:45:09

It is many years since I was bullied for 15 months by a news editor who decided to make me leave by making my life hell. My question is not about him or what he did, but how the NUJ could advise fellow journalists to help and support victims of blatant bullying. In my experience they turn away, just glad it's not them that's in the firing line, which makes the situation much worse. Posted by: J: 25 Sep, 2008 12:36:20

In response to Anon. This shows just how serious bullying can become. I presume you are asking about whether the bully is likely to face a gross misconduct charge. This will really depend on your management's disciplinary procedure. Many members will tell you that their managements have either promoted a bully or moved them sideways in an organisation rather than tackle the bully head-on. I think this is something that the Legal Officer, Roy Mincoff, would probably be best to comment on, so I'll ask him to come back with a full answer when he comes on line at 6pm. Posted by: Lena Calvert: 25 Sep, 2008 12:29:00

In response to PD: If its only you who gets the blame, its not just about working in journalism, which, of course, can be highly pressurised. If you are constantly getting criticised this could be an indication of bullying. And if, like you say, its unfair, that is a typical example of bullying. Our “Stop Bullying” handbook on page 6 gives a list of behaviours and can be indicative of bullying or harassment. I suggest you have a look through and see if any of them apply to you. You may find that there are other things that are happening to you that could constitute bullying but you are just accepting them as part of a busy office. It might be an idea to make it clear that these criticisms are unfair. If your editor is a reasonable person he or she may start to realise that they have been unfair. If it continues I suggest you speak to your union rep. Posted by: Lena Calvert: 25 Sep, 2008 12:21:07

What are the factors which tip the balance such that the admission by the employers of the MD's 'inappropriate behaviour' and 'overstepping the mark' becomes 'gross misconduct' (The MD and Board have accepted a series of events of agressive outbursts, telephone rants, false allegations against staff, repeated threats of disciplinary action, reducing young female staff to sobbing etc - in the context of an office of competent, experienced, educated graduate and post- grad staff involved in website publishing). Posted by: Anon: 25 Sep, 2008 12:18:37

Hi Lena. I have been a victim of sexual harrassment and signed off with stress. My NUJ rep liaised with HR and my manager was helpful and supportive. Since then I had 2 cases of my colleagues trying to retaliate. The first time I got support but last week my colleagues complained about me again and it seemed to me that the management is now taking their side and disciplining me instead of them! What are my options? Many thanks. Posted by: Priscilla: 25 Sep, 2008 12:15:15

Hi Lena My editor is really hard on me, often blaming me unfairly for things that go wrong at work. It's tough, but some would say that's how journalism has always been. How do I know if I'm being bullied? Posted by: PD: 25 Sep, 2008 12:08:13

Hello, my name is Lena Calvert and I'm the union's Equality Officer. My job is all about campaigning for fairness and equal opportunities throughout our industry. In the last few years we have been especially worried about the amount of bullying that takes place in journalism and the devastating effect this can have on members. We've been working hard on how to tackle bullying including producing a handbook and a poster for office noticeboards and giving advice on the union's website. I’m hoping that today's forum will encourage members who are worried about this issue to come on-line and ask questions or make comments about their experiences. Posted by: Lena Calvert: 25 Sep, 2008 11:58:41

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