Why was this conductor ever accused of bullying?
NewsUK musicians have been greatly heartened by the verdict of a London employment tribunal this week that Mark Shanahan’s dismissal by the National Opera Studio was unfair.
Mark had been accused of ‘intimidating, bullying and possibly discriminatory’ behaviour towards young musicians by its chief executive Emily Gottlieb. The charge seemed extreme. Other institutions where Mark Shanahan taught and made music quietly continued his employment. His victory at the tribunal raises questions about Gottlieb’s judgement.
She has since moved on to be CEO at Longborough Festival Opera. Let’s hope there’s no suspicion of bullying among the cowpats.
“Despite ruling in Shanahan’s favour, Judge Reed said that he had displayed “blameworthy conduct” during his employment.
He said that if Shanahan that had remained in employment, there was a 40% chance that he would have been fairly dismissed in any event.
“The claimant contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award by 15%,” Judge Reed said.”
Blameworthy conduct!! Oh noooooo! Thank God and the heavens above that none of us – perhaps least of all you, SKA – could ever, ever be guilty of such a thing.
A 40% likelihood scarcely qualifies as substantial, nor does a mere 15% penalty on basic damages warrant much concern; hence, it is perplexing that this adjudication against the company is being presented as some kind of validation of its actions.
One can only assume from the limited judgement that grave errors have marred the dismissal procedure, and has endangered The National Opera Studios both financially and in its reputation.
The prevailing sentiment from chats in the industry is that Shanahan was a distinguished educator, who, after Kathryn Harries’ departure, remained the lone figure trying to uphold the standards of the institution.
More questions to be answered on this, surely?
The term ‘blameworthy’ is a legal term in employment law which refers to the way the employee has acted in terms of the dismissal. It refers to the judge’s consideration of contribution. It could simply mean foolish behaviour – because when one is being bullied one does not always think straight or behave rationally. Therefore, it is not unusual for someone who wins at Employment Tribunal to have behaved in a way that contributes to their dismissal with a ‘just and equitable’ reason to reduce the award. The award can be reduced up to 100%. In Mark’s case, it was a low 15%. Mark Shanahan won and the National Opera Studio lost. There is no middle ground.
Although that’s not paying any notice to the other deductions mentioned in the judgment. Always look at the source!
It’s a very nuanced handling of Polkey with an unusual triple-layer, so if anything I’d say it’s clear there were grounds for dismissal.
It’s impossible to know really. It’s clearly an interesting case.
All conductors are bullies- including me! Joking aside- well done to Mr Shanahan for being cleared of these allegations. Long may conductors behave themselves on & off the podium.
“The tribunal”. It’s so bolshevik, isn’t it!!
Have known and worked with Mark for almost thirty years, in many stressful and difficult (and joyful) circumstances. He’s a rare breed; a person who always strives to get the best out of people because he loves music. John Crawford
I could not have put it better myself
I too have worked with Mark over several decades, and his passion for music has never even approached bullying, only ever striving to share that passion in a positive and constructive way.
I have known Mark for nearly 45 years (cripes!!)…in my experience of Mark he brings nothing but joy to music making and is probably one of the most musical people I have ever met with a gift for passing it on and inspiring soloists, ensembles and orchestras to perform to their very best.