Bullying at Waygood gallery ignored, claims worker

Oct 6 2010 by Amy Hunt, The Journal

BOARD members at a crisis-hit arts organisation failed to investigate a claim of bullying against its chief executive because they were all her friends, a tribunal heard.

Liping Mak, who worked as an administrator for Waygood Galleries in Newcastle, claims she was forced into resigning following a series of run-ins with her boss Helen Smith.

She says Ms Smith, founder and chief executive of Waygood, was prone to aggressive and unreasonable outbursts which made her working life a misery.

Ms Mak was so stressed by the experience that she was signed off sick by her doctor after developing a severe case of eczema on her face and body.

But when she lodged a grievance about Ms Smith’s behaviour, a tribunal judge was told, the gallery’s board of directors simply asked the chief executive for her version of events, “took her word for it” and dismissed the complaint.

Ms Mak, 31, of Balmoral Terrace, Heaton, Newcastle, is claiming constructive dismissal against Waygood Galleries.

No one from Waygood or a legal representative appeared at court to argue the firm’s case. It is the second time in a year that Waygood has been the respondent in an employment tribunal.

Last October artist Topsy Qur’et claimed unfair dismissal against the firm after he was sacked over allegations he had bullied Helen Smith.

The judgement found he had been unfairly dismissed, describing Ms Smith’s behaviour as “not normal” and her evidence as “entirely lacking in credibility”. He was awarded £4,000 in compensation and costs.

Ms Mak believes Waygood’s board did not apply the same standards to investigating her claim that she was bullied by Ms Smith as they did to the chief executive’s allegations against Mr Qur’et.

Adrian Melia, of employment advice firm Humane Resources, representing Ms Mak at the tribunal hearing in Newcastle, said: “The approach of the first scenario, where Helen Smith is the victim, is to deal harshly with the person accused of bullying. In the second scenario where Helen Smith is accused of bullying the allegations aren’t taken anywhere near as seriously.”

Giving evidence Ms Mak, who began working at Waygood in May 2006, said: “Helen was prone to aggressive outbursts toward me. This happened on many occasions and left me feeling demoralised, undervalued and wary of her unpredictable temper.

“It made the working environment increasingly stressful for me, which gave rise to a severe and painful skin condition. My body and most noticeably my face became covered in painful and unsightly eczema.”

Board member Ivor Stolliday was charged with investigating Ms Mak’s grievance, which was lodged in March 2009.

His response, in which he appeared to reject the complaint, included a statement by Ms Smith which the tribunal heard was “taken at face value”.

An appeal against his decision was investigated and dismissed by another board member, Helen Baker-Alder – described as a “close friend” of Helen Smith. After this, Ms Mak says, as months went by, it appeared as though the board had “closed ranks” around Helen Smith.

Although the possibility of mediation with her boss was discussed, Ms Mak still felt her original complaints had not been taken seriously, meaning the problem could not be sorted out.

She finally resigned from her job in December 2009 after being signed off sick since March and without having resolved matters with Waygood.

Outside the hearing Ivor Stolliday, the chair of the board of Waygood, said: “I think this case has no merit. The things that were complained of were very minor and somehow it has turned into a bigger issue. It seemed to me it would be better to work through mediation.”

A judgement on the case is expected soon.