Tag Archives: Governance

Building targets, constructing behaviour

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Recently, the press reported that UK construction company Bovis Homes Group PLC have run into trouble for encouraging new homeowners to move into unfinished homes and have therefore faced a barrage of complaints about construction defects. It turns out that these practices were motivated by a desire to hit ambitious growth targets. Yet it has all had a substantial impact on trading position and mark downs for Bovis shares.1

I have blogged about targets before. It is worth repeating what I said there about the thoughts of John Pullinger, head of the UK Statistics Authority. He gave a trenchant warning about the “unsophisticated” use of targets. He cautioned:2

Anywhere we have had targets, there is a danger that they become an end in themselves and people lose sight of what they’re trying to achieve. We have numbers everywhere but haven’t been well enough schooled on how to use them and that’s where problems occur.

He went on.

The whole point of all these things is to change behaviour. The trick is to have a sophisticated understanding of what will happen when you put these things out.

That message was clearly one that Bovis didn’t get. They legitimately adopted an ambitious growth target but they forgot a couple of things. They forgot that targets, if not properly risk assessed, can create perverse incentives to distort the system. They forgot to think about how manager behaviour might be influenced. Leaders need to be able to harness insights from behavioural economics. Further, a mature system of goal deployment imposes a range of metrics across a business, each of which has to contribute to the global organisational plan. It is no use only measuring sales if measures of customer satisfaction and input measures about quality are neglected or even deliberately subverted. An organisation needs a rich dashboard and needs to know how to use it.

Critically, it is a matter of discipline. Employees must be left in no doubt that lack of care in maintaining the integrity of the organisational system and pursuing customer excellence will not be excused by mere adherence to a target, no matter how heroic. Bovis was clearly a culture where attention to customer requirements was not thought important by the staff. That is inevitably a failure of leadership.

Compare and contrast

Bovis are an interesting contrast with supermarket chain Sainsbury’s who featured in a law report in the same issue of The Times.3 Bovis and Sainsbury’s clearly have very different approaches as to how they communicate to their managers what is important.

Sainsbury’s operated a rigorous system of surveying staff engagement which aimed to embrace all employees. It was “deeply engrained in Sainsbury’s culture and was a critical part of Sainsbury’s strategy”. An HR manager sent an email to five store managers suggesting that the rigour could be relaxed. Not all employees needed to be engaged, he said, and participation could be restricted to the most enthusiastic. That would have been a clear distortion of the process.

Mr Colin Adesokan was a senior manager who subsequently learned of the email. He asked the HR manager to explain what he had meant but received no response and the email was recirculated. Adesokan did nothing. When his inaction came to the attention of the chief executive, Adesokan was dismissed summarily for gross misconduct.

He sued his employer and the matter ended up in the Court of Appeal, Adesokan arguing that such mere inaction over a colleague’s behaviour was incapable of constituting gross misconduct. The Court of Appeal did not agree. They found that, given the significance placed by Sainsbury’s on the engagement process, the trial judge had been entitled to find that Adesokan had been seriously in dereliction of his duty. That failing constituted gross misconduct because it had the effect of undermining the trust and confidence in the employment relationship. Adesokan seemed to have been indifferent to what, in Sainsbury’s eyes, was a very serious breach of an important procedure. Sainsbury’s had been entitled to dismiss him summarily for gross misconduct.

That is process discipline. That is how to manage it.

Display constancy of purpose in communicating what is important. Do not turn a blind eye to breaches. Do not tolerate those who would turn the blind eye. When you combine that with mature goal deployment and sophistication as to how to interpret variation in metrics then you are beginning to master, at least some parts of, how to run a business.

References

  1. “Share price plunges as Bovis tries to rebuild customers’ trust” (paywall), The Times (London), 20 February 2017
  2. “Targets could be skewing the truth, statistics chief warns” (paywall), The Times (London), 26 May 2014
  3. Adesokan v Sainsbury’s Supermarkets Ltd [2017] EWCA Civ 22, The Times, 21 February 2017 (paywall)
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The Iron Law at Volkswagen

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So Michael Horn, VW’s US CEO has made a “sincere apology” for what went on at VW.

And like so many “sincere apologies” he blamed somebody else. “My understanding is that it was a couple of software engineers who put these in.”

As an old automotive hand I have always been very proud of the industry. I have held it up as a model of efficiency, aesthetic aspiration, ambition, enlightenment and probity. My wife will tell you how many times I have responded to tales of workplace chaos with “It couldn’t happen in a car plant”. Fortunately we don’t own a VW but I still feel betrayed by this. Here’s why.

A known risk

Everybody knew from the infancy of emissions testing, which came along at about the same time as the adoption of engine management systems, the risks of a “cheat device”. It was obvious to all that engineers might be tempted to manoeuvre a recalcitrant engine through a challenging emissions test by writing software so as to detect test conditions and thereon modify performance.

In the better sort of motor company, engineers were left in no doubt that this was forbidden and the issue was heavily policed with code reviews and process surveillance.

This was not something that nobody saw coming, not a blind spot of risk identification.

The Iron Law

I wrote before about the Iron Law of Oligarchy. Decision taking executives in an organisation try not to pass information upwards. That will only result in interference and enquiry. Supervisory boards are well aware of this phenomenon because, during their own rise to the board, they themselves were the senior managers who constituted the oligarchy and who kept all the information to themselves. As I guessed last time I wrote, decisions like this don’t get taken at board level. They are taken out of the line of sight of the board.

Governance

So here we have a known risk. A threat that would likely not be detected in the usual run of line management. And it was of such a magnitude as would inflict hideous ruin on Volkswagen’s value, accrued over decades of hard built customer reputation. Volkswagen, an eminent manufacturer with huge resources, material, human and intellectual. What was the governance function to do?

Borrowing strength again

It would have been simple, actually simple, to secret shop the occasional vehicle and run it through an on-road emissions test. Any surprising discrepancy between the results and the regulatory tests would then have been a signal that the company was at risk and triggered further investigation. An important check on any data integrity is to compare it with cognate data collected by an independent route, data that shares borrowing strength.

Volkswagen’s governance function simply didn’t do the simple thing. Never have so many ISO 31000 manuals been printed in vain. Theirs were the pot odds of a jaywalker.

Knowledge

In the English breach of trust case of Baden, Delvaux and Lecuit v Société Générale [1983] BCLC 325, Mr Justice Peter Gibson identified five levels of knowledge that might implicate somebody in wrongdoing.

  • Actual knowledge.
  • Wilfully shutting one’s eyes to the obvious (Nelsonian knowledge).
  • Wilfully and recklessly failing to make such enquiries as an honest and reasonable man would make.
  • Knowledge of circumstances that would indicate the facts to an honest and reasonable man.
  • Knowledge of circumstances that would put an honest and reasonable man on enquiry.

I wonder where VW would place themselves in that.

How do you sound when you feel sorry?

… is the somewhat barbed rejoinder to an ungracious apology. Let me explain how to be sorry. There are three “R”s.

  • Remorse: Different from the “regret” that you got caught. A genuine internal emotional reaction. The public are good at spotting when emotions are genuine but it is best evidenced by the following two “R”s.
  • Reparation: Trying to undo the damage. VW will not have much choice about this as far as the motorists are concerned but the shareholders may be a different matter. I don’t think Horn’s director’s insurance will go very far.
  • Reform: This is the barycentre of repentance. Can VW now change the way it operates to adopt genuine governance and systematic risk management?

Mr Horn tells us that he has little control over what happens in his company. That is probably true. I trust that he will remember that at his next remuneration review. If there is one.

When they said, “Repent!”, I wonder what they meant.

Leonard Cohen
The Future

Trust in data – IV – trusting the team

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Today (20 November 2013) I was reading an item in The Times (London) with the headline “We fiddle our crime numbers, admit police”. This is a fairly unedifying business.

The blame is once again laid at the door of government targets and performance related pay. I fear that this is akin to blaming police corruption on the largesse of criminals. If only organised crime would stop offering bribes, the police would not succumb to taking them in consideration of repudiating their office as constable, so the argument might run (pace Brian Joiner). Of course, the argument is nonsense. What we expect of police constables is honesty even, perhaps especially, when temptation presents itself. We expect the police to give truthful evidence in court, to deal with the public fairly and to conduct their investigations diligently and rationally. The public expects the police to behave in this way even in the face of manifest temptation to do otherwise. The public expects the same honest approach to reporting their performance. I think Robert Frank put it well in Passions within Reason.

The honest individual … is someone who values trustworthiness for its own sake. That he might receive a material payoff for such behaviour is beyond his concern. And it is precisely because he has this attitude that he can be trusted in situations where his behaviour cannot be monitored. Trustworthiness, provided it is recognizable, creates valuable opportunities that would not otherwise be available.

Matt Ridley put it starkly in his overview of evolutionary psychology, The Origins of Virtue. He wasn’t speaking of policing in particular.

The virtuous are virtuous for no other reason that it enables them to join forces with others who are virtuous, for mutual benefit.

What worried me most about the article was a remark from Peter Barron, a former detective chief superintendent in the Metropolitan Police. Should any individual challenge the distortion of data:

You are judged to be not a team player.

“Teamwork” can be a smokescreen for the most appalling bullying. In our current corporate cultures, to be branded as “not a team player” can be the most horrible slur, smearing the individual’s contribution to the overall mission. One can see how such an environment can allow a team’s behaviours and objectives to become misaligned from those of the parent organisation. That is a problem that can often be addressed by management with a proper system of goal deployment.

However, the problem is more severe when the team is in fact well aligned to what are distorted organisational goals. The remedies for this lie in the twin processes of governance and whistleblowing. Neither seem to be working very well in UK policing at the moment but that simply leaves an opportunity for process improvement. Work is underway. The English law of whistleblowing has been amended this year. If you aren’t familiar with it you can find it here.

Governance has to take scrutiny of data seriously. Reported performance needs to be compared with other sources of data. Reporting and recording processes need themselves to be assessed. Where there is no coherent picture questions need to be asked.