Fallacies of Capitalism 12: The Lump of Labour Fallacy

The Lump of Labour Fallacy

The lump of labor fallacy is a mistaken belief that there is only a fixed amount of work or jobs available in an economy. It suggests that if someone gains employment or works fewer hours, it must mean that someone else loses a job or remains unemployed. However, this idea is flawed.

Here's a simple explanation:

1. Fixed Pie Fallacy: Imagine a pie that represents all the available work in the economy. The lump of labor fallacy assumes that the pie is fixed, and if one person takes a larger slice (more work), there will be less left for others. This assumption overlooks the potential for economic growth and the creation of new opportunities.

Example: "Assuming that there is only a fixed amount of work available is like believing that the pie will never grow bigger, even when more bakers join the kitchen."

2. Technological Advancements: Technological progress often leads to increased productivity and efficiency. While it may replace certain jobs, it also creates new ones. The lump of labor fallacy fails to account for the dynamic nature of the job market and how innovation can generate fresh employment opportunities.

Example: "When ATMs were introduced, people worried that bank tellers would become jobless. However, the technology not only made banking more convenient but also led to the emergence of new roles in customer service and technology maintenance."

3. Changing Demand and Specialization: Economic shifts and changes in consumer preferences continually reshape the job market. As demand for certain products or services diminishes, it opens up avenues for new industries and occupations to thrive. The lump of labor fallacy overlooks this adaptive nature of economies.

Example: "When the demand for typewriters declined, many feared that typists would become unemployed. However, the rise of computers and the internet created a surge in demand for IT specialists and web developers."

In summary, the lump of labor fallacy wrongly assumes that there is a limited amount of work available, failing to consider factors like economic growth, technological advancements, and changing market demands. By understanding the dynamic nature of economies, we can see that job opportunities can expand and transform rather than being fixed or limited.

Fallacies of Capitalism 10: Work as Self Fulfillment Fallacy

Work as Self Fulfillment Fallacy

The "work as self-fulfillment" fallacy is the belief that work should solely provide personal fulfillment and meaning in life. This fallacy overlooks the reality that work is often a means to earn a living and meet basic needs, and that personal fulfillment can come from various aspects of life beyond work. Let's understand this concept with simple examples and quotations:

1. Work as a means of survival: For many people, work is primarily a way to earn income and support themselves and their families. As economist Adam Smith astutely observed, "It is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest." This means that individuals engage in work to fulfill their basic needs like food, shelter, and healthcare. While some may find fulfillment in their work, it is not the sole purpose for everyone.

2. Multiple dimensions of fulfillment: Personal fulfillment can stem from various aspects of life, such as relationships, hobbies, personal growth, and contribution to society. As psychologist Abraham Maslow pointed out, "What a man can be, he must be." This suggests that individuals have a range of needs and aspirations beyond work. For example, someone may find fulfillment in being a supportive parent, pursuing creative passions, or engaging in community service. Work is just one piece of the puzzle in finding overall fulfillment.

3. Challenging and unfulfilling work: Not all work provides immediate personal fulfillment. Some jobs may be repetitive, physically demanding, or mentally draining. As philosopher Bertrand Russell expressed, "One of the symptoms of an approaching nervous breakdown is the belief that one's work is terribly important." This highlights the danger of attaching excessive significance solely to work for personal fulfillment. Many individuals endure unfulfilling jobs to make ends meet or support their families, finding satisfaction and fulfillment outside of work.

4. External pressures and societal expectations: The fallacy of work as self-fulfillment can be reinforced by societal pressures and cultural norms. People may feel compelled to pursue certain careers or work long hours to meet societal expectations of success and personal fulfillment. As philosopher Albert Camus remarked, "A man's work is nothing but this slow trek to rediscover, through the detours of art, those two or three great and simple images in whose presence his heart first opened." This suggests that fulfillment may arise from creative pursuits and personal passions beyond conventional work roles.

In summary, the "work as self-fulfillment" fallacy disregards the multifaceted nature of personal fulfillment and the fact that work often serves as a means to meet basic needs. While some individuals may find fulfillment in their work, it is important to recognize that fulfillment can stem from various aspects of life. Embracing a more holistic view of personal fulfillment allows individuals to seek satisfaction in relationships, personal growth, hobbies, and contributions to society, in addition to their work. As economist John Maynard Keynes wisely noted, "The life of money-making is one undertaken under compulsion, and wealth is evidently not the good we are seeking; for it is merely useful and for the sake of something else." 

The record of what you do is more important than what you actually do

 

Bill Burr Roasting Women for 10 Minutes

 

What if Work is making us Sick?

 Sarah O'Connor in The FT 

Britain is sick. The number of people claiming disability benefits has doubled in a year. Working-age deaths (that did not involve Covid-19) are on the rise. As Andy Haldane, former chief economist of the Bank of England, put it in a speech recently: “For the first time, probably since the Industrial Revolution . . . health and wellbeing are in retreat”. 

The consequences for the country’s economy have been well chewed over. A rising share of people are now too unwell to work, which makes it harder to tame inflation and boost growth. Understandably, then, “How can we get people back to work?” is the question policymakers keep asking. But what if work itself is part of the problem? 

By many metrics, work is less dangerous to our health than it used to be, especially in a country like the UK where the manufacturing and mining sectors have shrunk so much. Musculoskeletal disorders, which used to be the biggest cause of work-related ill-health, have declined steadily over the past few decades. 

But while work has become less physically dangerous, it seems to have become more psychologically dangerous. Work-related stress, depression and anxiety began to rise about a decade ago. This surged during the pandemic and now accounts for half of all work-related illness. 

Why might that be? We know from government-sponsored survey data that there has been an intensification of work in recent decades across all types of jobs from delivery drivers to corporate lawyers. People are more likely now than in the 1990s to say they work fast and hard to tight deadlines. 

There has also been a drop in the level of control people have over how they work, particularly among lower-paid workers. Between 1992 and 2017, the share of low-paid workers who report that they have a say in decisions which affect their work fell from 44 per cent to 27 per cent, with particularly steep drops among hospitality and retail workers. 

Research shows the combination of high demands and low control at work — known in the academic literature as “job strain” — is bad for mental and physical health. One US study, which followed more than 52,000 working women over four years, found that job strain was associated with a greater increase in body mass index, for example. 

Last week, I interviewed a woman who works in a casino. She works on her feet for 10 hours from 6pm to 4am, gets home, grabs a few hours sleep, then gets up to take her daughter to school. People at the casino often suffer from relationship breakdowns because of the hours, she says. 

The work can be gruelling too. “It’s really mentally hard work sometimes, the hours are not helping us, sometimes [customers] come in drunk at 3am and you are so tired, and they are just swearing at you, so drunk you can’t handle them on the table but you have to do it because it’s your job.” 

Her employer used to do things to make the job easier to cope with, but they have all been stripped away. The free warm dinner is gone, as is the break that was long enough to eat it. The taxi home at 4am is gone. The Christmas bonus is gone. The night premium has gone. “Lately it’s very often happening that people are leaving because they are depressed,” she told me. 

Plenty of countries have experienced similar trends in the quality of work in certain sectors, so why might the UK be struggling more than most? 

Perhaps because the countervailing mechanisms that could protect workers from these trends — the “protective shield”, as Jennifer Dixon of the Health Foundation puts it — are particularly weak in Britain. The country is bad at enforcing its own labour laws, as the P&O debacle showed this year when the company sacked hundreds of sailors without any consultation in what lawyers call an “efficient breach” of employment law. Trade union membership has declined sharply in the private sector. The Health and Safety Executive’s budget has been cut. 

None of this is to say that work is entirely to blame for the nation’s worsening health. There are plenty of other possible causes, from processed foods to rising loneliness and social media, not to mention the pandemic itself and the strain on the NHS. 

But I don’t think any discussion of the country’s health is complete without a clear-eyed look at the reality of life in the UK labour market for those who don’t have decent jobs. Good quality work is beneficial for health. But if we just try to patch people up and push them back into jobs that were making them sick, we won’t get anywhere at all.

What is Communism?

 

Arranged Jobs - Interviews and more interviews

 

‘If you work hard and succeed, you’re a loser’: can you really wing it to the top?

Forget the spreadsheets and make it up as you go along – that’s the message of leaders from Elon Musk to Boris Johnson. But is acting on instinct really a good idea? Emma Beddington in The Guardian
There are, it seems, two types of “winging it” stories. First, there are the triumphant ones – the victories pulled, cheekily, improbably, from the jaws of defeat. Like the time a historian (who prefers to remain nameless) turned up to give a talk on one subject, only to discover her hosts were expecting, and had advertised, another. “I wrote the full thing – an hour-long show – in 10 panicked minutes,” she says. “At the end, a lady came up to congratulate me on how spontaneous my delivery was.”

Then there is the other kind of winging it story – the kind that ends in ignominy. Remember the safeguarding minister, Rachel Maclean, tying herself in factually inaccurate knots when asked about stop-and-search powers? The Australian journalist Matt Doran, who interviewed Adele without listening to her album? Or the culture secretary, Nadine Dorries, claiming Channel 4 was publicly funded, then that Channel 5 had been privatised?

There are even worse examples. As a young journalist, Sarah Dempster was unwell when she was supposed to review a Meat Loaf concert, so she wrote the piece without attending. “An hour after publication, the paper called to inform me that the gig had, in fact, been cancelled. I was sacked,” she tweeted. “The Sun wrote a piece about it. The headline: ‘MEAT OAF’.”

Why does anyone wing it, and how do they dare? As a lifelong dreary prepper, I have been wondering this since reading a profile in the New York Times of winger extraordinaire Elon Musk. “To a degree unseen in any other mogul, the entrepreneur acts on whim, fancy and the certainty that he is 100% right,” it related, detailing how Musk wings even the biggest decisions, operating on gut feeling and without a business plan, rejecting expert advice.
Genius or graft? Apple founder Steve Jobs and Zhou Qunfei, China’s richest woman. Composite: Getty/Shutterstock/Guardian Design

What, I wonder, is the appeal of this strategy? And is it a legitimate – indeed, more successful – way of doing business? Can Musk, the CEO of Tesla (a company with a market capitalisation of £570bn) and the founder of SpaceX (the first private company to send humans into space) really be winging it?

Some are sceptical. “Is this self-presentation or an accurate statement?” asks Tomas Chamorro-Premuzic, an organisational psychologist and the author of Why Do So Many Incompetent Men Become Leaders? “Musk is probably way too smart to actually operate under that principle; he uses this arrogant self-presentation to his advantage. Brand Musk accounts for a big chunk of his success.” In contrast, he says, the recent Netflix SpaceX documentary shows Musk as “quite self-critical, quite humble”.

It is an idea echoed by Stefan Stern, a visiting professor at the Bayes Business School at City, University of London and the author of Myths of Management. “I can’t believe that he doesn’t draw on data; it’s a leading-edge thing he’s engaged in. When you promote yourself as a sort of visionary or hero, you absolutely want to try to claim that there’s something special about your insights – they’re not a petty, banal matter of data.” 

The implication is that Musk is like those schoolkids who claim not to have done a minute’s revision, then ace the exam. There is, the argument goes, something innately appealing about someone operating effortlessly on flair, instinct and inspiration: a Steve Jobs, not a Zhou Qunfei – the discreet founder of Lens Technology and the richest woman in China, who, Chamorro-Premuzic says, credits her success to “hard work and a relentless desire to learn”.

“There’s something romantic to the idea that there are mavericks who don’t need to work very hard,” adds Chamorro-Premuzic. “We say we value hard work and dedication, but, by definition, talent is more of an extraordinary gift and we celebrate that more.”

The leadership expert Eve Poole agrees. “No one wants to make it feel like hard work,” she says. “No one wants to say: ‘I slaved in front of a spreadsheet for 20 hours before I made that decision.’”

For Stern, Boris Johnson’s apparent penchant for winging it carries a similar message. “When he says: ‘We got the big calls right,’ he’s saying: ‘These small-minded people obsess about data and numbers and statistics, but with my instinct, my judgment, I – the uniquely gifted, insightful leader – got the big calls right.’ It’s not even true!”

His self-presentation as “a charismatic figure with panache who is apparently spontaneous” is particularly interesting, Stern says, given that “the other thing we know about Johnson is he’s not spontaneous, he doesn’t have good lines off the cuff”. (See that disastrous CBI Peppa Pig speech in November, recent prime minister’s questions performances or his testy, defensive responses in more probing interviews.)

Is there any foundation for the notion that gut feeling is superior to pedestrian, data-driven decision-making? The cognitive psychologist Gary Klein has spent his career researching intuition in decision-making; 35 years on, his research on how firefighters act swiftly under pressure in tough situations is still cited. “We weren’t looking for intuition,” he says. Rather, his team’s original theory was that firefighters might be rapidly evaluating two options when they decided how to tackle a fire. “They told us: ‘We don’t compare any options.’ More than that, they said: ‘We never make any decisions.’” Klein didn’t understand how firefighters could believe only one course of action was possible and land on it without making comparisons. 

Further digging revealed a different picture. With 15 to 20 years of experience, Klein explains, the firefighters were classifying the situation based on fires they had seen – a process known as “pattern matching”. The second step Klein called “mental simulation”: the firefighters would visualise how a course of action would run and adjust their model accordingly. “It’s a blend of intuition and analysis,” says Klein. The process was near-instantaneous. “Most decisions were made in less than a minute.”

So, what looks like winging it can, in fact, be instinctive decision-making backed up by experience – what Poole calls “really quick heuristics in your brain … synaptic connections established through years of conditioning”. Leaders who trust that, she says, “are just fucking excellent”.

This decision-making model is common in one of the areas where people are least comfortable with the idea of winging it: healthcare. No one wants to end up in the hands of a seat-of-the-pants neurosurgeon, but Klein’s research suggests medical professionals use intuitive decision-making and gut feeling as a matter of course.

His book The Power of Intuition tells the story of an experienced neonatal intensive care unit nurse accurately diagnosing a baby with sepsis just by walking past the incubator and getting a gut feeling, when a less experienced nurse who had been conscientiously tracking all the infant’s vitals had failed to spot it. “An experienced physician sees a cluster of cues and says sepsis. We’ve heard stories of someone who was just a resident; there was a tough case and they called the attending physician. The attending physician does not even enter the room and from the door just looks at the patient and sees there’s an issue and says: ‘Ah, congestive heart failure.’”
Firefighters in New York. Gary Klein’s research suggests they use ‘a blend of intuition and analysis’ to make quick decisions. Photograph: Anadolu Agency/Getty Images

The experiences that feed intuition can be less concrete. Poole has been researching what humans still have to offer in a world in which AI is ever-more powerful, such as what she calls “witch-style intuition” – that sense of foreboding when you enter a room or meet someone. “We all know we have had those feelings and we tend to discount them and think they’re a bit silly and weird,” she says. “But I think it’s probably coming from the collective historical unconscious, trying to keep us safe as a species.” There are, she says, two strands: “your own, desperately hard-earned gut feeling, laid down in templates of data and knowledge, then the spooky ephemera that you can pick up through ‘spidey sense’, which I think can still be really reliable.”

It can, but it isn’t always. Intuition of any kind is not infallible. Klein describes it as a “data point”: something to take into consideration, not to accept uncritically. One area in which intuition gives demonstrably poor outcomes is recruitment. As Chamorro-Premuzic explains, unstructured interview processes increase and reinforce conscious and unconscious biases about candidates. We all believe our own intuition to be superior, he says: “In an interview situation, this is a big problem, because hiring managers think they have an ability to see through candidates and to understand whether they are competent.” Companies will spend large budgets on diversity and inclusion, “then tell you they hire for ‘culture fit’ – and the main way to evaluate culture fit is whether somebody ‘feels right’ in a job interview. Even if managers are well-meaning and open-minded, they will gravitate towards candidates who are like them and they are comfortable with.” 

Moreover, studies show that people tend to make up their mind in the first 60 or 90 seconds, he says. This is pattern recognition gone wrong, according to Stern. When decision-makers see someone who reminds them of themselves, they think: “Oh yeah, he’s got the right stuff. I used to be like him.”

Donald Trump springs to mind here. I read Klein a typical Trump pronouncement: “I have a gut and my gut tells me more sometimes than anybody else’s brain can ever tell me.” It reminds Klein of two dangerous fallacies about intuition: “One, some people think intuition is innate ability, which I don’t think it is; it’s based on experience. Two, intuition is a general skill and will apply in lots of different situations. I don’t think that’s true.” Having decent intuition in an area where you have professional experience – “like real estate”, he says, pointedly – does not mean you have a transferable skill.

Talking to people who admit to winging it reveals that, mainly, they mean the “good” kind of intuition: calling on a wealth of relevant experience and deploying it in defined circumstances. That often involves an element of performance, where spontaneity can be the secret ingredient.

Susannah, who works in publishing, says: “I love to wing it in sales presentations. When I wing it, I suddenly find a new angle; it works every time. But only, I think, because I’m winging stuff I already know deeply.” Kathy, a senior financial services strategist, says: “If it’s something I don’t know at all, I won’t wing it, but in my area of expertise I’m the queen of prep five minutes before the meeting.”

These are the good wingers, but of course the bad ones are out there – the lazy, the grandiose blaggers and the bullshitters, too often in positions of power. “There are a lot of men, particularly, who do that,” says Poole. “I think it does appeal to people who don’t feel anything any more – it’s all so boring and that’s the way they get some feelings. It gives them a massive adrenaline rush; it makes them feel very powerful and victorious.” It is not usually a successful long-term strategy, she adds, comfortingly; what Chamorro-Premuzic calls “the sense of Teflon-style immunity” betrays them eventually. “I just think you get caught out. It’s the spin of the wheel and that’s why I hate it: it’s so risky for your organisation.”

But we still admire them, buy their products, even vote for them. Why do we fall for it? It is a lack of “followership maturity”, according to Chamorro-Premuzic, and varies from culture to culture. “I grew up in South America, where if you work hard and you succeed you’re automatically a loser,” he says. “Whereas if you bullshit and deceive people, we should worship you. There are cultures that truly value self-improvement, hard work and knowledge and there are cultures that value confidence.”

A country that wants to be entertained, he says, is likely to apply low standards for leadership, preferring self-belief to caution and hard work. “Whether it’s Trump, Boris, Steve Jobs, Elon Musk – they celebrate them because they challenge the establishment. When they behave in anarchic ways, disrespecting the rules, I think they can channel the anger that people have.” The kicker is that we assume there’s some competence behind the blagging and bluster, that the emperor is fully clothed. But how do we work out if it is true: spreadsheet or gut? 

Company or Cult?

The dividing line between firm and sect is often thin. How to tell them apart asks Bartleby in The Economist

 

Here are some common characteristics of cults. They have hierarchical structures. They prize charismatic leaders and expect loyalty. They see the world as a hostile place. They have their own jargon, rituals and beliefs. They have a sense of mission. They are stuffed with weirdos. If this sounds a bit familiar, that is because companies share so many of these traits. 

Some cult-companies are easier to spot than others. Their bosses are more like deities than executives. These leaders have control of the company, and almost certainly founded it. They have name recognition among the masses. They really like rockets and have a brother called Kimbal.

But in other cases it can be hard to tell where a company ends and a cult begins. That is true even of employees. So here is a handy guide to help you work out whether you are in a normal workplace or have fallen into the clutches of an even stranger group.

Workforce nicknames. It is not enough to be an employee of a company any more. From Googlers and Microsofties to Pinployees and Bainies, workforce nicknames are meant to create a sense of shared identity. If you belong to one of these tribes and use its nickname without dying a little inside, you may be losing your grasp of reality. If you work in the finance team and are known as one of the Apostles of the Thrice-Tabbed Spreadsheet, you already have.

Corporate symbols. Uniforms are defensible in some circumstances: firefighters, referees, the pope. And so is some corporate merchandise: an umbrella, a mug, a diary. But it can easily go too far. Warning signs include pulling on a company-branded hoodie at the weekend or ever wearing a lapel pin that proclaims your allegiance to a firm. If your employer’s corporate swag includes an amulet or any kind of hat, that is also somewhat concerning.

Surveillance. It is reasonable for executives to want to know what their workers are up to. But it is not reasonable to track their every move. Monitoring software that takes screenshots of employees’ computer screens, reports which apps people are using or squeals on them if a cursor has not moved for a while are tools of mind control, not management.

Rituals. Rites are a source of comfort and meaning in settings from sport to religion. The workplace is no exception. Plenty of companies hand out badges and awards to favoured employees. Project managers refer to some meetings as “ceremonies”. ibm used to have its own songbook (“Our reputation sparkles like a gem” was one of the rhymes; “Why the hell do we have this bloody anthem?” was not). Walmart still encourages workers in its supermarkets to bellow a company cheer to start the day. Some of this is merely cringeworthy. But if you are regularly chanting, banging a gong or working with wicker, it becomes sinister.

Doctrines. More and more firms espouse a higher purpose, and many write down their guiding principles. Mark Zuckerberg recently updated his company’s “cultural operating system”—which, among other things, urges Metamates (see “Workforce nicknames”) to defy physics and “Live In The Future”. Amazon drums its 16 leadership principles (“Customer Obsession”, “Think Big”, “Are Right, A Lot”, and so on) into employees and job candidates alike. Corporate culture matters, but common sense doesn’t become a belief system just because capital letters are being used. If values are treated like scripture, you are in cult territory.

Family. Some companies entreat employees to think of their organisation as a family. The f-word may sound appealing. Who doesn’t want to be accepted for who they are, warts and all? But at best it is untrue: firms ought to pay you for your time and kick you out if you are useless. At worst, it is a red flag. Research conducted in 2019 into the motivations of whistle-blowers found that loyalty to an organisation was associated with people failing to report unethical behaviour. And the defining characteristic of families is that you never leave.

If none of the above resonates, rest easy: you are not in a cult. But you are unemployed. If you recognise your own situation in up to three items on this list, you are in an ordinary workplace. If you tick four or five boxes, you should worry but not yet panic; you may just be working in technology or with Americans, and losing your sense of self may be worth it for the stock options. If you recognise yourself in all six items, you need to plan an escape and then write a memoir.

Remote work and the importance of writing

The written word will flourish in the post-pandemic workplace writes Bartleby in The Economist

The pandemic has given a big shove to all forms of digital communication. Video-conferencing platforms have become verbs. Venture capitalists make their bets after watching virtual pitches. Products like Loom and mmhmm help workers send pre-recorded video messages to their colleagues. More than a third of Slack users each week are now “huddling”—using the product’s new audio feature to talk to each other. And all this is before the metaverse turns everyone into an avatar. 

A workplace dominated by time on screens may seem bound to favour newer, faster and more visual ways of transmitting information. But an old form of communication—writing—is also flourishing. And not just dashed-off emails and entries on virtual whiteboards, but slow, time-intensive writing. The strengths of the written word have not been diminished by the pandemic era. In some ways they are ideally suited to it.*

The value of writing is a staple in management thinking. “The discipline of writing something down is the first step toward making it happen,” reckoned Lee Iacocca, a quotable titan of the American car industry. Jeff Bezos banned slide decks from meetings of senior Amazon executives back in 2004, in favour of well-structured memos. “PowerPoint-style presentations somehow give permission to gloss over ideas,” he wrote.

Some executives write for themselves. Andrew Bosworth, a bigwig at Meta (formerly Facebook), has a blog in which he muses interestingly on many topics, including on writing itself: “In my experience, discussion expands the space of possibilities while writing reduces it to its most essential components.” Others do so to reach an audience. Shareholder letters from Larry Fink and Warren Buffett are the corporate equivalent of a blockbuster book launch.

But the move to remote working has enhanced the value of writing to the entire organisation, not just the corner office. When tasks are being handed off to colleagues in other locations, or people are working on a project “asynchronously”, meaning at a time of their choosing, comprehensive documentation is crucial. When new employees start work on something, they want the back story. When veterans depart an organisation, they should leave knowledge behind. Writing everything down sounds like an almighty pain. But so is turning up to a meeting and not having the foggiest what was decided last time out.

Software developers have already worked out the value of the written word. A research programme from Google into the ingredients of successful technology projects found that teams with high-quality documentation deliver software faster and more reliably. Gitlab, a code-hosting platform whose workforce is wholly remote, frames the secret of successful asynchronous working thus: “How would I deliver this message, present this work, or move this project forward right now if no one else on my team (or in my company) were awake?” Gitlab’s answer is “textual communication”. Its gospel is a handbook that is publicly available, stretches to more than 3,000 pages and lays out all of its internal processes.

The deliberation and discipline required by writing is helpful in other contexts, too. “Brainwriting” is a brainstorming technique, used by Slack among others, in which participants are given time to put down their ideas before discussion begins. Lists of corporate values can make greeting cards seem hard-hitting. But thoughtful codification of a firm’s culture makes more sense in hybrid and remote workplaces, where new joiners have less chance to meet and observe colleagues.

Purists will sniff that none of this counts as writing. But good prose and useful prose share the same essential qualities: brevity, structure, a clear theme. Cormac McCarthy, a prize-winning novelist, copy-edits scientific papers for fun. Ted Chiang says that his science-fiction short stories and his technical writing both draw on a desire to explain an idea clearly.

Writing is not always the best way to communicate in the workplace. Video is more memorable; a phone call is quicker; even PowerPoint has its place. But for the structured thought it demands, and the ease with which it can be shared and edited, the written word is made for remote work.

The System is the Problem

 

How to avoid the return of office cliques

Some managers are wary of telling staff that going into a workplace has networking benefits writes Emma Jacobs in The FT

After weighing up the pros and cons of future working patterns, Dropbox decided against the hybrid model — when the working week is split between the office and home. “It has some pretty significant drawbacks,” says Melanie Collins, chief people officer. Uppermost is that it “could lead to issues with inclusion, or disparities with respect to performance or career trajectory”. In the end, the cloud storage and collaboration platform opted for a virtual-first policy, which prioritises remote work over the office. 

As offices open, there are fears that if hybrid is mismanaged, organisational power will revert to the workplace with executives forming in-office cliques and those employees who seek promotion and networking opportunities switching back to face time with senior staff as a way to advance their careers.

The office pecking order 

Status-conscious workers may be itching to return to the office, says Tomas Chamorro-Premuzic, professor of business psychology at Columbia University and UCL. “Humans are hierarchical by nature, and the office always conveyed status and hierarchy — car parking spots, cars, corner office, size, windows. The risk now is that, in a fully hybrid and flexible world, status ends up positively correlated with the number of days at the office.” 

This could create a two-tier workforce: those who want flexibility to work from home — notably those with caring responsibilities — and those who gravitate towards the office. Rosie Campbell, professor of politics and director of the Global Institute for Women’s Leadership at King’s College London, says that past research has shown that “part-time or remote workers tend not to get promoted”. This has been described as the “flexibility stigma, defined as the “discrimination and negative perception towards workers who work flexibly, and [consequent] negative career outcomes”. 

Research by Heejung Chung, reader in sociology and social policy at Kent University, carried out before the pandemic, found that “women, especially mothers (of children below 12) [were] likely to have experienced some sort of negative career consequence due to flexible working”. Lockdowns disproportionately increased caring responsibilities for women, through home-schooling and closure of childcare facilities. 

Missing out on career development 

Some companies are creating regional hubs or leasing local co-working spaces so that workers can go to offices closer to home, reducing commute times and the costs of expensive office space. Lloyds Banking Group is among a number of banks, for example, that have said they will use surplus space in their branches for meetings. The risk, Campbell says, is workers using local offices miss out on exposure to senior leaders and larger networks that might advance their careers. “People might say it’s easier to be at home or use suburban hubs but it might actually be better to go into the office. Regional or suburban hubs are giving you a place to work that isn’t at home but isn’t giving you any of the face time.” 

Employers and team leaders may need to be explicit about the purpose of the office: not only is it a good place for collaborating with teams and serendipitous conversations but also for networking.  

 

Mark Mortensen, associate professor of organisational behaviour at Insead, points out it is difficult — and paternalistic — as a manager to suggest an employee spends more time in the office to boost their career. A recent opinion article by Cathy Merrill, chief executive of Washingtonian Media, in the Washington Post, sparked a huge backlash on social media and more importantly, her employees, for arguing that those who do not return to the office might find themselves out of a job. “The hardest people to let go are the ones you know,” she wrote. 

Her staff felt their remote work had been unappreciated and were angry that they had not been consulted over future work plans — so they went on strike. 

Mortensen does not advise presenting staff with job loss threats, but puts forward a case for frank and open conversations about the value of time in the office. “Informal networks aren’t just nice to have, they are important. We need to tell people the risk is if you are working remotely you will be missing out on something that might prove beneficial in your career. It’s tough. People will say they sell things on their skills but you have to be honest and say that relationships are important. Weak ties can be the most critical in shaping people’s career paths.” 

The problem is that after dealing with a pandemic and lockdowns, workers may not be in the best place to know what they want out of future work patterns. Chamorro-Premuzic says that he fears that even people who are enjoying it right now, may not realise “they are burnt out. It’s like the introvert who likes working from home, they’re playing to their strength — staying in their own comfort zone.” 

Examine workplace culture 

As employers try to configure ways of working they need to scrutinise workplace culture and find out why employees might prefer to be at home. Some will have always felt excluded from networks and sponsorship in the office — and being away from it means that they do not have to think about it. 

Future Forum, Slack’s future of work think-tank, found that black knowledge workers were more likely to prefer a hybrid or remote work model because the office was a frequent reminder “of their outsider status in both subtle (microaggressions) and not-so-subtle (overt discrimination) ways”. It said the solution was not to give “black employees the ability to work from home, while white executives return to old habits [but] about fundamentally changing your own ways of working and holding people accountable for driving inclusivity in your workplace”. 

Some experts believe that the pandemic has fundamentally altered workplace behaviour. Tsedal Neeley, professor of business administration at Harvard Business School and author of Remote Work Revolution, is optimistic. “Individuals are worried about their career trajectory because the paranoia is, ‘If we don’t go to the office will we get the same opportunities and career mobility if we’re not physically in the office?’ These would be very legitimate worries 13 months ago but less of a concern now.” 

Chung co-authored a report by Birmingham University that found more fathers taking on caring responsibilities and an increase in the “number of couples who indicate that they have shared housework [and] care activities during lockdown”. This might shift couples’ attitudes to splitting work and home duties and alter employers’ stigmatisation of flexible working. 

Prevent an in-crowd 

There are some measures that employers can take to try to prevent office cliques forming. Some workplaces will require teams to come in on the same days so employees get access to their manager, rather than leaving it to individuals to arrange their own office schedules. Though this would mean team members might not get access to senior leaders or form ties with other teams that they might have done when the office was the default. 

Lauren Pasquarella Daley, senior director of women and the future of work at Catalyst, a non-profit that advocates for women at work, says senior executives need to be “intentional about sponsorship and mentoring” rather than letting these relationships form by chance. 

They must also be role models for flexible working. “If employees don’t feel it’s OK to take advantage of remote work then they won’t do so.” This means ensuring meetings are documented. If, for example, one person is working outside the office then everyone needs to act as if they are remote, too. 

Chamorro-Premuzic says managers should work on the assumption that in-office cliques will form. This means organisations need to put in place better measures of objectives, performance measures independent of where people are, as well as measuring and monitoring bias (for example, if you know how often people come to work, you can test whether there is a correlation between being at work and getting a positive performance review, which would suggest bias or adverse impact), and training leaders and managers on how to be inclusive. 

“We may not have tonnes of data on the disparate impact of hybrid policies on underprivileged groups, but it is naive to assume it won’t happen. The big question is how to mitigate it,” he says.

Jordan Peterson's Guide to Speaking

 

Burnt out: is the exhausting cult of productivity finally over?

Zoe Williams in The Guardian

In the US, they call it “hustle culture”: the idea that the ideal person for the modern age is one who is always on, always at work, always grafting. Your work is your life, and when you are not doing your hustle, you have a side-hustle. Like all the world’s worst ideas, it started in Silicon Valley, although it is a business-sector thing, rather than a California thing.

Since the earliest days of tech, the notion of “playbour”, work so enjoyable that it is interchangeable with leisure, has been the dream. From there, it spiralled in all directions: hobbies became something to monetise, wellness became a duty to your workplace and, most importantly, if you love your work, it follows that your colleagues are your intimates, your family.



Which is why an organisation such as Ustwo Games likes to call itself a “fampany”. “What the hell is that?” says Sarah Jaffe, author of Work Won’t Love You Back. “A lot of these companies’ websites use the word ‘family’, even though they have workers in Canada, workers in India, workers in the UK; a lot of us don’t even speak the same language and yet we’re a ‘family’.” Meanwhile, companies such as Facebook and Apple have offered egg-freezing to their employees, suggesting that you may have to defer having a real family if you work for a fake one.

A grownup soft-play area: inside the Google office in Zurich, Switzerland. Photograph: Google

The tech companies’ attitudes have migrated into other “status” sectors, together with the workplaces that look like a kind of grownup soft-play, all colourful sofas and ping-pong and hot meals. In finance, food has become such a sign of pastoral care that Goldman Sachs recently sent junior employees hampers to make up for their 100-hour working weeks. If you actually cared about your staff, surely you would say it with proper working conditions, not fruit? But there is an even dicier subtext: when what you eat becomes your boss’s business, they are buying more than your time – they are buying your whole self.

Then Elon Musk weighed in to solve that niggling problem: what’s the point of it all? Making money for someone else, with your whole life? The billionaire reorientated the nature of work: it’s not a waypoint or distraction in the quest for meaning – work is meaning. “Nobody ever changed the world on 40 hours a week,” he memorably tweeted, concluding that people of vision worked 80 or more, eliding industry with passion, vision, society. Say what you like about him but he knows how to build a narrative.

Hustle culture has proved to be a durable and agile creed, changing its image and language while retaining its fundamentals. Sam Baker, author of The Shift: How I (Lost and) Found Myself After 40 – And You Can Too, worked an 80-hour week most of her life, editing magazines. “The 1980s were, ‘Put on a suit and work till you drop,’” she says. “Mark Zuckerberg is, ‘Put on a grey T-shirt and work till you drop.’” The difference, she says, is that “it’s all now cloaked in a higher mission”.

What has exposed the problems with this whole structure is the pandemic. It has wreaked some uncomfortable but helpful realisations – not least that the jobs with the least financial value are the ones we most rely on. Those sectors that Tim Jackson, professor of sustainable development at Surrey University and author of Post Growth: Life After Capitalism, describes as “chronically underinvested for so long, neglected for so long” and with “piss-poor” wages, are the ones that civilisation depends on: care work, retail, delivery.
Elon Musk … ‘Nobody ever changed the world on 40 hours a week.’ Photograph: Brendan Smialowski/AFP/Getty Images

Many of the rest of us, meanwhile, have had to confront the nonessentiality of our jobs. Laura, 43, was working in private equity before the pandemic, but home working brought a realisation. Being apart from colleagues and only interacting remotely “distilled the job into the work rather than the emotions being part of something”. Not many jobs can take such harsh lighting. “It was all about making profit, and focusing on people who only care about the bottom line. I knew that. I’ve done it for 20-odd years. I just didn’t want to do it any more.”

Throw in some volunteering – which more than 12 million people have during the pandemic – and the scales dropped from her eyes. She ended up giving up her job to be a vaccination volunteer. She can afford to live on her savings for now, and as for what happens when the money runs out, she will cross that bridge when she comes to it. The four pillars of survival, on leaving work, are savings, spouses, downsizing and extreme thrift; generally speaking, people are happiest talking about the thrift and least happy talking about the savings.

Charlotte White, 47, had a similar revelation. She gave up a 20-plus-year career in advertising to volunteer at a food bank. “I felt so needed. This sounds very selfish but I have to admit that I’ve got a lot out of it. It’s the opposite of the advertising bullshit. I’d end each day thinking: ‘My God, I’ve really helped someone.’ I’ve lived in this neighbourhood for years, and there are all these people I’ve never met: older people, younger people, homeless people.”

With the spectre of mortality hovering insistently over every aspect of life, it is not surprising that people had their priorities upended. Neal, 50, lost his job as an accountant in January 2020. He started applying for jobs in the same field. “I was into three figures; my hit rate was something like one interview for 25. I think I was so uninterested that it was coming across in my application. I was pretending to be interested in spreadsheets and ledgers when thousands of people were dying, and it just did not sit right.” He is now working in a psychiatric intensive care unit, earning just above the minimum wage, and says: “I should have done it decades ago. I’m a much better support worker than I ever was an accountant.”

This is a constant motif: everybody mentions spreadsheets; everyone wishes they had made the change decades ago. “For nine months, my partner and I existed on universal credit,” Neal says, “and that was it. It was tough, we had to make adjustments, pay things later, smooth things out. But I thought: ‘If we can exist on that …’”
The tyranny of work … Could change be its own reward? Photograph: Bob Scott/Getty Images

So why have we been swallowing these notions about work and value that were nonsense to begin with, and just getting sillier? We have known that the “higher mission” idea, whether it was emotional (being in a company that refers to itself as a “family”) or revolutionary (being “on” all the time in order to change the world) was, as Baker puts it “just fake, just another way of getting people to work 24 hours a day. It combined with the email culture, of always being available. I remember when I got my BlackBerry, I was working for Cosmopolitan, it was the best thing ever … It was only a matter of months before I was doing emails on holiday.”

But a lot of status came with feeling so indispensable. Unemployment is a famous driver of misery, and overemployment, to be so needed, can feel very bolstering. Many people describe having been anxious about the loss of status before they left their jobs; more anxious than about the money, where you can at least count what you are likely to have and plan around it. As Laura puts it, “not being on a ladder any more, not being in a race: there is something in life, you should always be moving forward, always going up”. And, when it came to it, other people didn’t see them as diminished.

Katherine Trebeck, of the Wellbeing Economy Alliance, is keen to broaden the focus of the productivity conversation. “To be able to have the choice, to design your own goals for your own life, to develop your own sense of where you get status and esteem is a huge privilege; there’s a socio-economic gradient associated with that level of autonomy,” she says. In other words: you have to have a certain level of financial security before your own emotional needs are at all relevant.

“When I was at Oxfam, we worked with young mothers experiencing poverty,” Trebeck says. “Just the pressure to shield their kids from looking poor made them skimp on the food they were providing. Society was forcing them to take those decisions between hunger and stigma.” She is sceptical about individual solutions and is much more focused on system change. Whether we are at the bottom or in the middle of this ladder, we are all part of the same story.

Part of the scam of the productivity narrative is to separate us, so that the “unskilled” are voiceless, discredited by their lack of skill, while the “skilled” don’t have anything to complain about because if they want to know what’s tough, they should try being unskilled. But in reality we are very interconnected – especially if working in the public sector – and you can burn out just by seeing too closely what is going on with other people.

Pam, 50, moved with her husband from London to the Peak District. They were both educationalists, he a headteacher, she in special educational needs (SEN). She describes what drove their decision: “If you think about a school, it’s a microcosm of life, and there have been very limited resources. Certainly in SEN, the lack of funding was desperate. Some kids just go through absolute hell: trying to get a CAMHS [Child and Adolescent Mental Health Services] appointment is nigh on impossible, kids have to be literally suicidal for someone to say: ‘OK, we’ll see you in two months.’”

They moved before the pandemic, and she found a part-time job with the National Trust, before lockdown forced a restructure. She hopes to resume working in the heritage sector when it reopens. Her husband still does some consultancy, but the bedrock of their security, financially speaking, is that the move out of London allowed them to “annihilate the mortgage”.
A rewarding alternative … volunteers working at a foodbank in Earlsfield, south London. Photograph: Charlotte White/PA

Creative and academic work, putatively so different from profit-driven sectors, nevertheless exploits its employees using, if anything, a heightened version of the same narrative: if what you do is who you are, then you’re incredibly lucky to be doing this thoughtful/artistic thing, and really, you should be paying us. Elizabeth, 39, was a performer, then worked in a theatre. “My eldest sister used to be an archaeologist, and that sounds different, but it’s the same: another job where they want you to be incredibly credentialed, incredibly passionate. But they still want to pay you minimum wage and God forbid you have a baby.”

There is also what the management consultants would call an opportunity cost, of letting work dominate your sense of who you are. You could go a whole life thinking your thing was maths, when actually it was empathy. I asked everyone if they had any regrets about their careerist years. Baker said: “Are you asking if I wish I’d had children? That’s what people usually mean when they ask that.” It actually wasn’t what I meant: whether you have children or not, the sense of what you have lost to hyperproductivity is more ineffable, that there was a better person inside you that never saw daylight.

When the furlough scheme came in, Jennifer, 39, an academic, leapt at the opportunity to cut her hours without sacrificing any pay. “I thought there’d be a stampede, but I was the only one.” She makes this elegant observation: “The difference between trying 110% and trying 80% is often not that big to other people.”

If the past year has made us rethink what skill means, upturn our notions of the value we bring to the world around us, fall out of love with our employers and question productivity in its every particular, as an individual goal as well as a social one, well, this, as the young people say, could be quite major. Certainly, I would like to see Elon Musk try to rebut this new consciousness in a tweet.

Why Capitalism Reproduces Inequality & a Solution

 

Why you should ditch ‘follow your passion’ careers advice

 Emma Jacobs in The FT 

“Work is supposed to bring us fulfilment, pleasure, meaning, even joy,” writes Sarah Jaffe in her book, Work Won’t Love You Back. “The admonishment of a thousand inspirational social media posts to ‘do what you love and you’ll never work a day in your life’ has become folk wisdom,” she continues. 

Such platitudes suggest an essential truth “stretching back to our caveperson ancestors”. But these fallacies create “stress, anxiety and loneliness”. In short, the “labour of love . . . is a con”. This is the starting point of Ms Jaffe’s book, which goes on to show how the myth permeates diverse jobs and sectors.

---

 ---

The book serves as a timely reminder of the importance of re-evaluating that relationship. “The global pandemic made the brutality of the workplace more visible,” the author tells me over the phone from Brooklyn, New York. Ms Jaffe, who is a freelance journalist specialising in work, points out that the past year of job losses, anxiety about redundancy, and excessive workloads has demonstrated to workers the truth: their job does not love them.  

Work is under scrutiny. The economic fallout of the pandemic has made a great many people desperate for paid work, disillusioned with their jobs or burnt out — and sometimes all three. It has illuminated the stark differences between those who can work from the safety of their homes and those who cannot, including shop workers, carers and medical professionals, who have to put themselves in potentially hazardous situations, often for meagre pay. The idea of self-sacrifice, and that you should put your clients, your patients or your students before yourself, Ms Jaffe says, “gets laid on very thick [with] teachers or nurses”. 

Yet there are those in another category — artists and precarious academics — for whom work has always been deemed intrinsically rewarding and a form of self-expression. They are said to be lucky to have such jobs, because plenty of others are clamouring to take their place. Even here, the pandemic has changed perceptions. Social restrictions have curbed some of the aspects of white-collar work that made it rewarding, such as travel and meeting interesting people, that perhaps masked the repetition of daily tasks, the insecurity or poor conditions. 

Meanwhile, Ms Jaffe says, a small number of workers, such as those who have been furloughed on full pay, have been given the time to think: what do I do with the time I used to devote to work? “It’s so beaten into us that we have to be productive,” says Ms Jaffe. “I've seen so many memes that are like, ‘if you haven’t written a novel in lockdown, [you’re] doing it wrong’.” 

Among the affluent, work used to be something done by others, yet there have long been philosophical debates about whether it could be enjoyable. In the 1800s, Ms Jaffe points out in her book, the British designer and social campaigner William Morris pitched “three hopes” about work: “hope of rest, hope of product, hope of pleasure in the work itself”. 

The decline of industrial jobs in the west, and the rise of the service economy, emphasised working for love. Nursing, food service and home healthcare, “draw on skills presumed to come naturally to women; they are seen as extensions of the caring work they are expected to do for their families”, Ms Jaffe writes. Among white-collar workers, the fetishisation of long hours in the late 1980s and 90s was accompanied by an individualistic capitalism. For many industries — notably, media — the idea of work as a form of self-actualisation intensified as security decreased. 

Ms Jaffe says that there are overlapping experiences shared by those in the service sector who sit behind desks and those who stand on their feet all day. For example, the notion of the workplace as a family is a refrain in offices but it is most explicit for nannies. In the book, she tells the story of Seally, a nanny in New York who decided to live with her employers between Mondays and Fridays when the pandemic struck — leaving her own kids at home. 

Seally told Ms Jaffe that she was worried about her own kids, whether they were doing their schoolwork properly: “At least I call and say, ‘Make sure you do your work’.” But she appreciates the importance of her job. “I love my work,” she said, “because my work is the silk thread that holds society together, making all other work possible”. The pandemic has reinforced the idea that the home is also a workplace and the author wants professionals who hire domestic workers and nannies to understand that and compensate accordingly for the critical role they play in facilitating their ability to do their jobs. 

Perhaps the posterchild of insecure white-collar workers are interns, who have traditionally been unpaid. (In the UK, interns are eligible for pay if they are classed as a worker.) Too often, the book argues, interns have been given meaningless work with the prospect of a contract dangled in front of them, to no avail. Working conditions can also be poor — although few are as horrifying as the North Carolina zoo intern Ms Jaffe cites in the book who was killed by an escaped lion, “whose family told reporters she died ‘following her passion’ on her fourth unpaid internship”. The conditions for interns may be set back by the pandemic as so many graduates — and older workers hoping to switch industries — fight for jobs. 

Ms Jaffe steers clear of advice. This is not a book that will guide readers on finding a job worthy of their devotion, though she knows that some glib tips would boost sales. “You’re told that you should love your job. Then if you don’t love your job, there’s something wrong with you,” she says. “[The problem] won’t be solved by quitting and finding a job you like better, or a different career, or deciding to just take a job that you don’t like.” 

What she hopes is that people who have a nagging sense that their “job kind of sucks, they don't love it” will realise they are not alone. But they can do something about it, for instance joining a union or pushing for fewer hours. This needs to be supported by “a societal reckoning with jobs”. Do people need, for example, 24-hour access to McDonald’s and supermarkets, she asks? 

Ms Jaffe wants people to imagine a society which is not organised “emotionally and temporally” around work. As she writes in the book: “What I believe, and want you to believe, too, is that love is too big and beautiful and grand and messy and human a thing to be wasted on a temporary fact of life like work.”

The agony of returning to work in September

Janan Ganesh in The FT 

For eight improbable years, TS Eliot earned his crust as a clerk for Lloyds Bank. He did not have the excuse of ignorance, therefore, when he misidentified April as the “cruelest month”. All working people know the real ogre to be September. Millions of us are winding down our summer holidays around now and answering the call of necessary employment. 

I enjoy my job to an almost indecent degree. Yet even I felt a pang as I flew out of Perugia recently and into my nine-to-five (or, if you must, my eleven-to-two). La rentrée is all the harsher on people with proper jobs. 

The sour atmosphere in airport departure lounges does at least clarify something. The search for pleasure and meaning in work is, beyond a certain point, a fool’s errand. No doubt, some jobs are better than others. But as long as work is an obligation — something one must do, to uphold a standard of living — there is a limit to the joy it can ever bring. Leisure will always feel better, and by a margin that is unbridgeable with worker-friendly offices and other blandishments. 

I started my career just before any of this needed saying. But then the promise began to emerge of work that need not feel like work. Companies vied to lay on the most ergonomic environments, the kindest mentors, the loosest schedules. A generation of in-demand graduates came to expect not just these material incentives but a sort of credal alignment with their employer’s “values”. The next recession will retard this trend but it is unlikely to kill it. 

All of this is as it should be. I was raised by people who had to toil without any of these perks. I don’t romanticise it as an era of Spartan virtue. Whatever companies do to nudge their staff up Maslow’s hierarchy of needs is to be saluted. 


The perk to really haggle for is not in-job comfort but the maximisation of paid leave. 


 It is just that the kindest service we can do for the young is manage their expectations. Work can be made a lot better than it might otherwise be. It cannot be made to be something other than work. The idea is taking hold, I sense, that it is odd to do something that is not exactly what you would wish to be doing at a particular moment. But this is the lot of even the most “creative” worker, the most self-governing entrepreneur. Very few professional tasks are so absorbing as to be one’s first-choice pursuit in circumstances of total freedom. 

A personal ambition is to reach the end of my career without having managed a single person. Friends who have been less lucky, who have whole teams under their watch, report a quirk among their younger charges. It is not laziness or obstreperousness or those other millennial slanders. It is an air of disappointment with the reality of working life. They will be among the people described in Bullshit Jobs by the anthropologist David Graeber. They will not be among the mere 18 per cent who told YouGov in 2015 that work was “very fulfilling”. As much as the fogey in me blames their entitlement, they were promised more than was plausible by company brochures and a culture that pretends an office can feel like something else. 

Companies are only able to soften the experience of employment so much. What they cannot finesse out of existence is the crux: the surrender of time for money that you would ideally fill with something else. The perk to really haggle for, then, is not in-work comfort but the maximisation of paid leave. 

Twenty years have passed since Office Space, and the cult film remains the acutest satire of alienating employment. In the central scene, workers do to an eternally malfunctioning printer more or less what liberated Iraqis did to statues of Saddam Hussein. 

It has one dud note, though, and it comes at the end, when the main character quits his office cubicle for life as a construction worker. The message is that manual labour does not have its own kind of soul-sucking boredom and pressure. It takes a cocooned sort to believe this kind of thing, but lots of people believe it of careers other than their own. The simplest jobs and the most cerebral are both heroised. But the defining thing about work is not its exact content. It is the fact that you have to do it. Look around at the faces in the departure lounge. In a stratified labour force, a rare unifier is dread of the cruelest month.

Access to justice is no longer a worker’s right, but a luxury

Aditya Charkrabortty in The Guardian


Laws that cost too much to enforce are phoney laws. A civil right that people can’t afford to use is no right at all. And a society that turns justice into a luxury good is one no longer ruled by law, but by money and power. This week the highest court in the land will decide whether Britain will become such a society. There are plenty of signs that we have already gone too far.

Listen to the country’s top judge, Lord Thomas of Cwmgiedd, who admits that “our justice system has become unaffordable to most”. Look at our legal-aid system, slashed so heavily by David Cameron and Theresa May that the poor must act as their own trial lawyers, ready to be skittled by barristers in the pay of their moneyed opponents.

The latest case will be heard by seven supreme court judges and will pit the government against the trade union Unison. It will be the climax of a four-year legal battle over one of the most fundamental rights of all: the right of workers to stand up against their bosses. 

In 2013, Cameron stripped workers of the right to access the employment tribunal system. Whether a pregnant woman forced out of her job, a Bangladeshi-origin guy battling racism at work, or a young graduate with disabilities getting aggro from a boss, all would now have to pay £1,200 for a chance of redress.

The number of cases taken to tribunal promptly fell off a cliff – down by 70% within a year. Citizens Advice, employment lawyers and academics practically queued up to warn that workers – especially poor workers – were getting priced out of justice. But for Conservative ministers, all was fine. Loyal flacks such as Matthew Hancock (then employment minister) claimed those deterred by the fees were merely “unscrupulous” try-ons, intent on “bullying bosses”. Follow Hancock’s logic, and with all those time-wasters weeded out, you’d expect the number of successful tribunal claims to jump. They’ve actually dropped.

At each hearing of Unison’s case, the judges have wound up asking to see actual people for whom the fees have represented a barrier to justice. One was sure that“if the statistics … were drilled down to some individual cases, situations would be revealed that showed an inability on the part of some people to proceed before an employment tribunal through lack of funds”.

Should the supreme court judges want the same thing, they could meet Liliana Almanza. They’d find her a compelling witness, although she finds it hard to sit down for too long due to three herniated discs in her lower back, which make her feel like she’s lugging around “a lot of heavy weight” and which send pain shooting into her hands, legs, shoulders and neck. She also has sometimes severe depression and anxiety. The physical pain and the mental illness can feed off each other.

Almanza has worked as a cleaner at the University of London since 2011 and never kept her conditions from her employer, an outsourcing company called Cofely. Then came a new supervisor, who Almanza felt had it in for her and who piled on extra work. Almanza was sent to the “punishment floor” – actually three floors, normally handled by two people, but she had to do the work on her own and in little time. The extra workload, especially the pushing about of a hoover and a mop, caused her so much pain that she sometimes felt dizzy. Yet when Almanza complained, she says the supervisor either laughed or told her to sign off sick. Despite being required under law, there was no adjustment for her disabilities.

Almanza, who is Colombian, remembers the supervisor telling her how Latin Americans were a bunch of beggars. Other times, she’d call Almanza a “bitch” and a “whore”.

On the worst days, Almanza would walk over to Euston station and stand at the platform’s very edge. She’d wait for the tube to come. Then “a light would come on” and she’d pull herself back.

Almanza did exactly what ministers would want and submitted a grievance using Cofely’s in-house procedure. It was rejected. She appealed and did not hear anything for months. However desperate her situation, she would never have found the money for a tribunal. Some are exempt from the fees, but Almanza and her husband – both cleaners – apparently earned too much money for her to qualify. Nor does the means-testing account for living costs, even though after renting a single room in a shared ex-council house in London and paying bills they have almost no money each month.

Her union, the tiny Independent Workers of Great Britain (IWGB), pitched in some money to go to tribunal and helped crowdfund the rest. As soon as she did, Almanza remembers that her employer made a number of adjustments and lightened her workload.

I contacted Engie, as Cofely has been rebranded, for its response to Almanza’s charges. Its statement reads in part: “We do not tolerate discrimination in the workplace and all claims … are investigated thoroughly. Following extensive investigation of the allegations brought against Cofely Workplace, all claims were denied and Cofely was formally discharged from the proceedings by the court on 24th May 2016.” The court documents actually show that Cofely was discharged because the contract was taken over by another company, which also reached a settlement with Almanza.

Without charity and the shoestring resources of the IWGB, Almanza wouldn’t have been able to file a claim. If she could testify to the supreme court, what would she say? “I would tell the judges if I hadn’t been able to go to tribunal I don’t think I’d be here today. If I’d continued like that, I wouldn’t have been able to tell this story. Maybe it sounds like an exaggeration, a movie. But it’s one thing to talk about it, another thing to live it.”