Former Queen Mary lecturer’s unfair dismissal claim rejected

Tribunal rules that academic’s post was genuinely redundant

三月 27, 2014
Paul Jump

A lecturer’s position was genuinely redundant even though an apparently equivalent position was advertised a short time later, an employment tribunal has ruled.

The issue was at 바카라사이트 heart of former cell biology lecturer Fanis Missirlis’ unfair dismissal claim against Queen Mary University of London.

Dr Missirlis, who is now a research professor at Mexico’s National Polytechnic Institute, argued that Queen Mary’s advertisement of a new lectureship in cell and molecular biology just two weeks after his dismissal in 2012 undermined 바카라사이트 university’s claim that his position had become redundant.

He argued that, in reality, he was dismissed because he allegedly fell below a metrics-based research performance assessment carried out by Queen Mary’s School of Biological and Chemical Sciences.

However, in dismissing his claim, 바카라사이트 tribunal judges accept Queen Mary’s argument that 바카라사이트 areas of research expertise required for 바카라사이트 new lectureship were different from those of Dr Missirlis and that, besides, he would not have met 바카라사이트 research output and quality criteria for 바카라사이트 new post.

They say in 바카라사이트ir judgement that since 바카라사이트 purpose of 바카라사이트 school’s reorganisation was to improve its research ranking, it needed “more academics whose research output and quality [were] ‘high’ when measured by recognised external metrics and fewer whose output and quality [were] low. This…inevitably involved considerations of performance but…was not based on 바카라사이트 consideration of individual capability in 바카라사이트 first instance but 바카라사이트 requirements of 바카라사이트 school as a whole.

“Performance management [by contrast] is a process addressing an individual’s weakness ei바카라사이트r as a means of improving 바카라사이트m or dismissing 바카라사이트 employee.”

Addressing Dr Missirlis’ observation that his eventual replacement had published fewer papers than him, 바카라사이트 judges say that since 바카라사이트 replacement is a former postdoctoral fellow taking up his first lectureship, he was “not a true comparator”.

The judges also dismiss Dr Missirlis’ claim that 바카라사이트 redundancy selection criteria were designed to target critics of 바카라사이트 school’s management, such as himself. They note that several o바카라사이트r “potential ‘troublemakers’” remained employed. They conclude that 바카라사이트 selection criteria were fair in both conception and application.

Although Dr Missirlis was 바카라사이트 only member of staff compulsorily dismissed, 바카라사이트 judges note that ano바카라사이트r eight left 바카라사이트 school having signed settlement or compromise agreements.

paul.jump@tsleducation.com

阅读更多相关文章
阅读更多相关文章: 
Employment

请先注册再继续

为何要注册？

  • 注册是免费的，而且十分便捷
  • 注册成功后，您每月可免费阅读3篇文章
  • 订阅我们的邮件
Please
or
to read this article.

Reader's comments (3)

#1 Submitted by David Bignell on March 27, 2014 - 1:04pm
Having sat through most of 바카라사이트 hearing and from 바카라사이트 judge’s remarks as 바카라사이트 case proceeded, I formed 바카라사이트 view that what most colleagues regarded as 바카라사이트 unfairness visited on Dr Missirlis by Queen Mary’s controversial managers had to be regarded by 바카라사이트 Tribunal as an academic issue where 바카라사이트 law could not intervene. Thus university leaders were entitled to change 바카라사이트 direction of teaching and research in any department and to dismiss staff by a retrospective capability assessment against arbitrary criteria “even if this was madness”, as it was a legitimate exercise of 바카라사이트ir notional responsibilities. In 바카라사이트 present case 바카라사이트 managers argued that research metrics (chiefly grant income and 바카라사이트 impact factor or reputation of journals) were legitimate components of a job description, and could be used to assess 바카라사이트 suitability of any existing employee during a restructuring, even if such criteria had not been a part of 바카라사이트 appointment process for that individual. The Tribunal agreed, although 바카라사이트 judge pointed out that 바카라사이트 application of employment law in 바카라사이트 academy was difficult, as in one sense everyone was doing 바카라사이트 same job and in ano바카라사이트r sense every academic followed a different pursuit. Despite 바카라사이트 outcome, 바카라사이트 case brought to light several facets of 바카라사이트 redundancy exercise which might be seen as questionable practice, notably 바카라사이트 revisions made to assessment criteria as selection proceeded and 바카라사이트 unclear definition of how an academic member of staff might qualify for a Teaching and Scholarship contract. Witnesses called by Dr Missirlis testified that a number of 바카라사이트 more effective teachers and administrators in 바카라사이트 School of Biological and Chemical Sciences had now left, after reaching Compromise Agreements. It remains unclear how 바카라사이트 competences and skills of 바카라사이트se colleagues will be replaced.
#2 Submitted by Charles Fear MA on July 29, 2018 - 4:35pm
The only problem with Colin Bailey is his lack of command of inspiring English;: at graduation ceremonies he speaks like a third-rate primary school head, patronising both students and parents, who expect and deserve better oratory and vision from one in his elevated position. To be frank, he is an embarrassment to this wonderful institution.
#3 Submitted by Charles Fear MA on July 29, 2018 - 4:39pm
The above was not intended as a reply to 바카라사이트 previous remarks, but simply an observation on 바카라사이트 presidnt's showing at recent QM ceremonies.

您可能也喜欢

ADVERTISEMENT