The University of Surrey People and Organisations Subject Group Seminar Series in Association with the Leadership Academy and the International Centre for Nursing Ethics Issues in the workplace: Whistleblowing Investigating Employee Complicity as a Management Technique (work in progress) Dr Alf Crossman School of Management, University of Surrey Introduction The ethical behaviour of organisations has attracted much attention in recent years; this has been largely due to high profile reporting of incidents of corporate wrongdoing in the media. Through these reports it became apparent that [some] employees were aware of these acts and either revealed to the public or remained silent, only disclosing their knowledge after the wrongdoings became public. Examples of wrongdoings that were allegedly known to employees include Enron; former Enron employee Lynn Brewer claimed that many employees knew about wrongdoing in the company, but they kept silent and became complicit rather than have the courage to disclose it. Similarly, abnormally high post-operative mortality rates at the Bristol Royal Infirmary were eventually disclosed by Dr Stephen Bolsin, a concerned anaesthetist. His previous attempts to raise the issue were either ignored or he was subjected to threats by the cardiothoracic surgeon involved, Dr James Wisheart, or Dr John Roylance, the hospital‟s CEO (Durham and Duckworth, 2001; Learning from Bristol, 2001). More recently, an employee at BP Deepwater Horizon oil rig in the Gulf of Mexico revealed his concerns about working practices and safety standards being employed by the company, it was later reported that “.... rig survivors also said it was always understood that you could get fired if you raised safety concerns that might delay drilling. Some co-workers had been fired for speaking out, they said” (Bronstein and Dash, 2010, np). The common feature of these incidents appears to be that, despite legislation to protect workers (Sarbanes-Oxley Act 2002 (USA); Public Interest Disclosure Act 1998 (UK)), employees were aware of the wrongdoings in their Investigating Employee Complicity as a Management Technique – Page 1 organisations, but did not disclose these externally. The recent economic down-turn has also raised the issue of organisational rectitude and integrity, in particular, the conduct of CEOs, directors and senior managers whose behaviours were not exposed by subordinates despite their awareness of it. As Wearden reports (2009, np) “Paul Moore, the former head of regulatory risk at HBOS, claimed yesterday that he had been sacked in 2005 after warning that the bank's aggressive sales practices threatened its stability”. This research is not focused solely on the behaviour of managers at various levels or company directors and CEOs, nor is it exclusively addressing the behaviour of subordinate employees; the research is primarily concerned with providing explanations for why employees might become complicit in organisational wrongdoings and whether this is due to organisational loyalty, lack of interest, low moral or ethical values, or fear of reprisals. If it is through fear of reprisals, this raises the issue of organisational climate (fear) and whether this is a deliberate creation by management as a means of protecting organisational interests. Likewise, the influence of role models, who have normalised corrupt behaviours in creating a culture of complicity (Ashforth and Anand (2003) or institutional socialisation (Kish-Gephart et al (2009), may be of equal interest and importance. What this research is particularly interested in is whether subordinate compliance or complicity is woven into the fabric of the organisation by its management climate, thus creating a situation whereby silence is intentionally institutionalised to the possible detriment of organisational wellbeing. Theory Over the past two decades a considerable body of whistle-blowing literature has accumulated which attempts to explain the whistle-blowing intentions and behaviours of employees. Numerous explanations have emerged from the literature, in a variety of fields or disciplines, as to why employees decide to remain silent or choose to blow the whistle. Whistle-blowing may be described as a person who reports real or perceived wrongdoings of their employer, either to the authorities or to the public in general through the media. One recurring theme emerging from the literature is an employee‟s attachment to the organisation and the effect this might have on whistle-blowing decisions. The psychological attachment between an individual and their organisation has been described as a „psychological contract‟ (Rousseau, 1989; Schein, 1965), founded on reciprocity and mutuality obligation. The psychological contract has been sub-divided into „relational‟ and „transactional‟ dimensions, based on the nature and extent of the employee/employer relationship (Rousseau and McLean Parks, 1993; Millward and Hopkins, 1998); the former being longterm and based on a socio-emotional exchange (loyalty, support, organisational citizenship) Investigating Employee Complicity as a Management Technique – Page 2 and the monetizable elements (pay) and the latter short-term and based mainly on the monetizable elements with limited socio-emotional exchange. The literature seems to suggest that the extent of the psychological attachment between employees and their organisation might be highly influential in whistle-blowing behaviours and decisions; one might expect greater loyalty in a relational psychological contract. However, the relationship between the outcomes of a psychological contract, such as job and pay satisfaction, organisational commitment and citizenship (Guest and Conway, 1997), and decisions to whistle-blow have been found to be inconclusive (Brewer and Selden, 1998; Near and Miceli, 1996). This level of inconclusiveness may be owing to different interpretations of employee loyalty and the identity of those making the loyalty judgement for, as Vadera et al (2009) suggest, whistle-blowing may be regarded as both an example of loyalty and disloyalty, heroes or traitors (Hersh, 2002) depending on whether it has been done internally or externally. Whilst it has been argued that whistle-blowing may assist the organisation to learn about and correct the wrongdoing/event before it enters the public domain, this only applies if action is taken in response to the whistleblower‟s disclosure and whether loyalty is perceived to be toward the organisation or the public interest; the case of the Bristol Royal Infirmary, where individual priorities and aspirations overrode concerns for patient safety (Learning from Bristol, 2001) raising concerns was clearly regarded as treachery or disloyalty. The creation of tension through competing obligations is a distinct possibility (Vandekerckhove and Commers, 2004); employees have a contractual legal obligation of fidelity, to be loyal to their employers, and a moral obligation to to prevent public harm, arguably by whistle-blowing (Duska, 1997). However, Varelius (2009) adopts an alternative stance by arguing that an employee‟s loyalty to the employer does not conflict with blowing the whistle and disclosing wrongdoing, indeed by doing so they are protecting the organisation from long-term. This raises three important questions in relation to the relevance of the psychological contract to whistle-blowing intent: First, will a strong relational contract reduce, or increase, whistleblowing intent? If a relational contract indicates employee loyalty, then one might expect the most loyal to be more inclined to reveal wrong-doings. Second, will a strong transactional contract increase whistle-blowing intent? This might indicate employee revenge. Third, does the type of psychological contract act as a proxy for, or indicator of, employee loyalty? Much research has also been conducted on the role of employee morality and ethics in whistle-blowing decisions. Mellema (2008) argues a subtle difference between the terms, but observes that primary actors can only succeed in wrongdoing if they are enabled to do so by Investigating Employee Complicity as a Management Technique – Page 3 secondary actors, those who are complicit. Drawing on the writings of Thomas Aquinas, Mellema cites nine ways in which a person might be guilty of complicity in wrongdoing, among these are „silence‟ and „not denouncing‟, in other words complicity by omitting to act, for whatever reason. As Bouville (2007) notes, for the morality argument to hold true the whistleblower must be motivated by the right reasons; to protect the public interest is acceptable, but to exact revenge on the organisations or individuals within it, or in return for reward are not. What is well documented is the potential price a whistle-blower may pay for the disclosure of wrongdoing, through sanctions or retaliation by the employer. The literature on rational decision-making explores the way that employees weigh up of the moral benefit of revelation of wrongdoing versus the cost to the employee of any retaliation or sanctions the employer might invoke (Glazer, (1983); Poneman, 1994), the resulting silence equating to complicity, as argued by Aquinas (Mellema, 2008). The retaliatory actions by employers may involve, downgrading, increase in work, reduced responsibility, termination of employment (Bok, 1980; Liyanarachchi and Newdick, 2008). A number of studies (Arnold and Poneman, 1991; Braback, 1984; Liyanarachchi and Newdick, 2008) consistently indicate that individuals with a higher degree of moral reasoning are more likely to blow the whistle than those with a lower level. Likewise, individuals are more likely to reveal wrongdoings when the likelihood of retaliation is perceived weak than they are when the likelihood is perceived to strong. There is little doubt that the risks associated with whistle-blowing are high; research has revealed that the majority of whistle-blowers lose their jobs through termination or forced retirement, are blacklisted for obtaining jobs in their field, lose their homes and their marriages; the majority suffer from depression and poor physical health (Alford, 2007; Bouville, 2007; Rothschild and Miethe, 1999). The question for a potential whistle-blower will be, is this a price worth paying? Perhaps the most interesting and relevant pieces work in the field of whistle-blowing decision-making is that of Gundlach et al (2004; 2008); the researchers use attribution theory to explore the way corporate wrongdoing might invoke certain cognitive and emotional responses. The dimensions measured are: the seriousness of the wrongdoing, perceptions of intent, judgments of responsibility, and feelings of anger, thus integrating moral judgments about wrongdoing with emotions. This implies that wrongdoing is subjected to value judgements and appraisal of the degree of seriousness in the view of the individual, which in turn raise the prospect of wrongdoing becoming incrementally accepted through normalisation as a result of increased exposure. Investigating Employee Complicity as a Management Technique – Page 4 Whilst the various researches into different aspects of whistle-blowing behaviour discussed above, provide potential explanations on the extent to which employees may either expose wrongdoing or become complicit in it by remaining silent, they tend to be contained within disciplines and adopt a narrow and specific stance; there is little if any cross-fertilisation through interdisciplinary study. Likewise, there is little evidence of employee complicity being a result of the deliberate creation of an organizational climate (of fear) by management, designed to inhibit revelation. The combination of sophisticated employee selection techniques (designed to achieve high levels of „person-organisation fit‟) and the adoption of increasing popular employee loyalty, commitment and engagement programmes create the potential for an organizational climate in which revelation of wrongdoing may be judged as treachery, rather than in the long-term interest of the organisation and its various stakeholders. Although research has been conducted into organisational climate (fear) and the way in which this might influence employees‟ behaviours (Ashkanasy and Nicholson, 2003), there is a dearth of research which specifically links this to whistle-blowing decisions. Furthermore, there is little evidence of how fear creation might impact on the psychological attachment between the employee and the organisation and how this might affect whistle-blowing decisions; Turnley and Feldman (1999) looked at the relationship between psychological contract violation and whistle-blowing, but not whether the contract was relational or transactional. There is also an absence of evidence in the management literature which explains how climate of fear, in relation to whistle-blowing, may flow from a deliberate fear creation strategy; although this may be similar to such a climate being created among the criminal fraternity, though which „snitches‟ and „squealers‟, terms which might also be substituted for whistle-blowers (Hauserman, 1986), live in constant fear of reprisals. This research offers the potential to provide a more comprehensive understanding of how the variables are related and, in doing so, make a worthwhile contribution that will benefit academics in management science and practising managers and high-level policy-makers. Research methodology The overarching objective of this research project is to identify whether subordinate compliance or complicity is woven into the fabric of an organisation by its management climate, thus creating a situation whereby silence is intentionally institutionalised to the possible detriment of the long-term organisational wellbeing. It is intended that this research will build on existing research in discreet areas of whistle-blowing, climate of fear, ethical values and psychological contract by seeking to identify the potential relationship between Investigating Employee Complicity as a Management Technique – Page 5 each of them, whilst developing a new dimension of management intent to encourage complicity through fear creation. More specifically, the objectives are to discover: Whether fear creation techniques lead to a climate of fear at the organisational level. Whether there is a relationship between climate of fear and the psychological contract, both generally and specifically in respect of the transactional and relational dimensions. Whether there is a relationship between climate of fear and whistle-blowing intent. Whether there is a relationship between employee ethical values and whistle-blowing intent. Whether there is a relationship between the psychological contract and whistle-blowing intent. Whether the nature of the psychological contract is related to whistle-blowing intent. The research will be conducted in two phases. The first phase will be an exploratory study based on qualitative interviews with a sample of middle/junior managers; the purpose of this is to confirm relevance and nature of the proposed variables to be utilised in the research, these are: Psychological contract Employee ethical values Fear creation Climate of fear Whistle-blowing intent The second phase comprises quantitative research by way of a questionnaire which will collect data in relation to the variables. Wherever possible the variables will be measured using pre-existing instruments with high statistical reliability; where measures do not exist new ones will be designed and piloted prior to main data collection. The quantitative data will be analysed in the first instance using appropriate the statistical techniques (e.g. correlation and regression) with additional analysis, such as structural equation modelling, being performed as appropriate to fully exploit the data. A multi-sample study is proposed with organisations being recruited to participate in the following sectors: Higher education Police service Banking and finance National Health Service Oil and gas Investigating Employee Complicity as a Management Technique – Page 6 It is intended that five organisations will be recruited with samples of participants c300 in each giving a total sample size of c1,500, which will enable comprehensive analysis of the main dataset and sub-sets. The proposed measurement of each variable is as follows: Psychological contract: adoption of the shortened Millward and Hopkins (1998) scale, which distinguishes between „relational‟‟ (long-term, open-ended relationships) and „transactional‟ (short-term monetizable elements) psychological contracts. Climate of fear: adoption of the scale used by Ashkanasy and Nicholson (2003) which measures employee perceptions of fear in organisations as experienced or perceived by employees. Fear creation: a new instrument/scale will be developed and tested, to identify whether there is a perception that fear is created deliberately to inhibit employees from revealing corporate wrongdoing. Whistle-blowing intent: adoption of the scale used by Gundlach et al (2008) which measures whistle-blowing intent; feeling or anger; judgments of responsibility; seriousness or wrongdoing. Ethical values: a new instrument/scale will be developed and tested to measure the ethical values of employees to ascertain if this is influential in whistle-blowing decisions. It is anticipated that the qualitative and quantitative results of the research will allow the identification and understanding of the relationship between climate of fear, climate creation, ethical values, psychological contract and whistle-blowing intent/employee. The findings of this research will benefit the academic community, practitioners/managers, and regulatory bodies and provide a framework through which to improve corporate rectitude. Interim results may also be disseminated through appropriate conferences and symposia. Hypotheses From an initial review of the literature on psychological contract and whistle-blowing the following hypotheses have been formulated: H11 The type of the psychological contract (relational or transactional) will affect the level of employee whistle-blowing intent. Investigating Employee Complicity as a Management Technique – Page 7 H1a1 A strong relational psychological contract score will be associated with a low whistleblowing intent score H1b1 A strong transactional psychological contract score will be associated with a high whistle-blowing intent score H21 The strength of employee ethical values will affect their whistle-blowing intent. H31 Perceptions of fear creation by employers will be related to the type of employee psychological contract (relational or transactional). H41 The level of climate of fear will be related to the type of psychological contract (relational or transactional). H51 Employee perceptions of fear creation will be related to their assessment of the climate of fear in the organisation. H61 Employees who perceive a high climate of fear will exhibit a low whistle-blowing intent resulting in complicity. Investigating Employee Complicity as a Management Technique – Page 8 Psychological contract (PC) H1 Relational H1a Transactional H1b H4 Climate of fear (CF) H6 Whistleblowing intent (WBI) Act of wrongdoing H5 H3 Employee ethical values (EV) Fear creation (FC) H2 Investigating Employee Complicity as a Management Technique – Page 9 Whistleblowing decision Revelation Complicity Potential contribution In contrast to previous research in the area, the originality of this project relates to the investigation of the specific issue of institutionalised silence as a deliberate managerial technique, where the climate is such that subordinates accept what they may regard as inappropriate or unethical actions or behaviours because the consequences of doing so (retaliation or reprisals) are too great and the cost of „doing the right thing‟ is regarded as being too great a risk to take. 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