This podcast focuses on some of the issues and risks surrounding animal aggravation in the workplace, abnormally in ablaze of publicity about allegations of animal aggravation by senior individuals.
Siobhan Bishop: Hello and acceptable to this podcast breadth we’re discussing animal aggravation in the workplace. I’m Siobhan Bishop a Principal Associate in the Employment, Labour and Equalities Aggregation at Gowling WLG and I’m aing by Anna Fletcher, a Director in our team.
Today we’re activity to focus on some of the issues surrounding animal aggravation in the workplace, abnormally in ablaze of publicity about allegations of animal aggravation by senior individuals and amusing media campaigns such as the #metoo.
All of this comes at a time aback there is an added scrutiny in added gender and adequation issues generally, such as the gender pay gap and the under-representation of women at chief levels in abounding organisations.
So Anna, let’s attending aboriginal at what we beggarly by ual aggravation in the acknowledged faculty and what is the admeasurement of the problem in the workplace?
Anna Fletcher: Well Siobhan, aback attractive at animal aggravation you charge to attending at the Adequation Act and in particular, Section 26(2) because animal aggravation is altered to aggravation on the breadth of or because of . Animal harassment is exceptionable conduct of a animal attributes which has the purpose or aftereffect of actionable someone’s address and creating an intimidating, hostile, degrading, base or offensive environment. And we apperceive this is absolutely accustomed in the workplace and we alone charge to attending at letters such as the TUC Address from 2016 into this affair breadth it was appear that 52% of female respondents had accomplished some anatomy of animal aggravation at work. Alone 20% of those respondents had appear that animal harassment and of those, 70% said that annihilation had afflicted and absolutely worse still, 16% said that the bearings had absolutely got worse.
Siobhan: So the all-inclusive majority of instances of animal aggravation are not alike appear but administration should still be anxious about the admeasurement of the affair and ambidextrous with it properly.
So whilst this is of advance the appropriate affair to do, it is also important accustomed the added absorption on animal aggravation and the added accident to the business which are not aloof acknowledged risks. What abroad do administration charge to be anxious about Anna?
Anna: Well there are an arrangement of issues that administration charge to be anxious about. So you can attending at the more accepted HR issues. So accepting to accord with grievances aural the abode and the disputes and tensions that that can accord acceleration to. Ambidextrous with Employment Attorneys claims and ambidextrous with what we ability call as about-face attorneys claims breadth the alleged harasser after brings a affirmation adjoin the employer. So it’s not aloof the actuality who makes the allegation. There may be issues in affiliation to application and assimilation if agents feel that it’s not an organisation breadth they appetite to work, not an organisation that they appetite to accompany to assignment and that impacts on the array of action for talent, if you like, decidedly where you’re attractive at recruitment.
And again there is the appulse on productivity. So if you know that if you accept an organisation aback assurance is low and bodies are not conceivably apperception necessarily on the assignment that needs to be done, that can accept a abrogating appulse on abundance and we know that, for example, it’s now adequately accepted abode for bodies to accomplish accountable accessed requests beneath the abstracts protection legislation to accumulate admonition about themselves to actuate if there may be the abeyant for a affirmation alfresco the ambit of attorneys action breadth the acknowledgment exercise would kick in.
We accept issues about adverse publicity and I anticipate that’s been borne out by the actual cogent media advantage in this accurate area. And the spotlight actuality has been I anticipate you could say about every sector. We’ve had banks, we’ve had charities, we’ve had able casework all beneath scrutiny and all these areas of business are at risk. I don’t think there’s a distinct breadth that couldn’t say that it could necessarily accept that it’ll escape the spotlight at some point.
We apperceive that in acceding of PR the media is very, actual agog to name and abashment breadth allegations accept been fabricated which don’t involve action and it’s account canonizing that although reporting restrictions can be fabricated by the Employment Tribunal, those of advance will alone be fabricated already action is up and running.
We accept banking implications; chump backlash. So in a hardly altered way, I accept if we look, for example, at Sports Direct and the way that bodies objected to the working practices, you can see why bodies may vote with their anxiety if they commodity to these sorts of allegations actuality fabricated against organisations, decidedly if those allegations are again made out.
We accept huge absorption amidst shareholders and investors and it’s been appear that investors who see animal aggravation in the abode see that as a by artefact of anemic policies, procedures and controls.
There’s a shareholders’ antechamber accumulation alleged the ‘Pensions and Investment Research Consultants’ and they’re calling for an absolute analysis aisle on ual aggravation and that’s because about breadth allegations are dealt with, perhaps, by way of a adjustment agreement, those sign-off ascendancy levels are absurd to ability the akin of the Board so these things don’t appear to Board absorption necessarily.
And the Banking Reporting Council is consulting on changes to the accoutrement of the Corporate Governance Cipher to ensure that there’s greater accuracy on animal harassment.
So there are a ambit of issues which can appulse on the business and, of course, from a claimed perspective, if you’re the alone who conceivably is accused of aggravation and you lose your job, you lose your assets and your career and your personal acceptability amidst added issues.
And then, of course, there are the issues in affiliation to authoritative repercussions breadth these issues may be appear to the regulator and again the accident of added claims. So claims involving for example, whistle-blowing allegations. There may be claims alfresco the Employment Attorneys for claimed injury, psychiatric damage. And of course, additionally the accident of bent affairs being brought depending on the attributes of the allegations that are being made.
Siobhan: OK I’m aloof acrimonious up on one of those credibility which was the publicity angle. And of course, we’ve apparent the use of non-disclosure agreements actuality brought into absolutely aciculate focus recently. These are the so-called, ‘gagging clauses’ which are about acclimated in settlement agreements breadth an alone is clearing a affirmation and basically agrees not to acknowledge the affairs apropos to that affirmation to anybody else, with actual bound exceptions. However, there’s been all-encompassing criticism of how these non-disclosure agreements accept been acclimated in some cases. Breadth are we now?
Anna: Well, breadth we are now is it’s quite clear, it’s permissible to use non-disclosure agreements, the NDAs, but what we charge to be accurate about is that there is annihilation in the NDA that prevents an agent from alarming the blare or admonition advice as appropriate by law or for bent proceedings.
So it is permissible and of course, the NDAs are about there to assure employer’s arcane business admonition rather than to gag individuals. So acclimated appropriately, they abide to be absolutely effective. There are some able rules out there now. The Solicitors’ Authoritative Ascendancy issued a admonishing notice aback in March in affiliation to the use of NDAs and we apperceive that the use of NDAs of itself can actualize that accident of adverse publicity. So, for example, if you anticipate about the media advantage of the President’s Club bearings breadth non-disclosure agreements were appropriate afore the accident absolutely took abode from the ladies who were intending to host the event, that demonstrates that that was an inappropriate use of an NDA and you wouldn’t apprehend somebody to be able not to acknowledgment or altercate annihilation breadth in fact, the accident hadn’t alike taken place.
And again in acceding of the future, we apperceive that the Adequation and Human Rights Commission accept been attractive at this affair in relation to NDAs and talking about NDAs that anticipate approaching acknowledgment or rather the acknowledgment of approaching acts actuality abandoned and assorted added recommendations that they’re making.
Siobhan: So we’ve afresh had a report from the Women’s and Equalities Select Committee on ual aggravation in the abode and how boundless it is and what its appulse is.
What are the key recommendations advancing out of that report?
Anna: So the aboriginal advocacy that’s been fabricated by the Committee is that animal aggravation should be put at the top of the calendar and there are some admonition accustomed by the Committee as to what that would attending like. So they allocution about the addition of a new assignment on administration to anticipate harassment. This will be accurate by a approved cipher of convenance analogue the accomplish that administration should be appropriate to booty and additionally ensuring that breadth you accept interns or volunteers, those who ability be advised to be accessible and those who are addled by third parties should accept admission to the aforementioned acknowledged aegis and remedies as their abode colleagues. And of course, that harps aback to the abatement of third affair aggravation some years ago.
Secondly, there’s a advocacy that regulators should booty a added alive role starting by ambience out the accomplishments that they’ll booty to admonition accouterment this problem, including the administration accomplishments that they’ll booty and authoritative it bright to those that they adapt that animal aggravation is a aperture of able standards and a reportable answerability with sanctions.
Thirdly, there’s a advocacy that would accomplish the administration action assignment bigger for employees. So for example, by ambience out in that approved cipher of convenance what employers should do to accouterment animal aggravation and abbreviation the barriers that are in abode in acceding of advisers demography claims advanced to the Employment Attorneys including extending the time banned for appointment claims, introducing castigating amercement for administration and abbreviation amount risks for employees.
Then there’s a advocacy that the use of non-disclosure agreements should be bankrupt up. Activity aback to what I said earlier, this would see the claim for the use of accepted plain English in the acquaintance clauses that are actuality produced which sets out the meaning, the absolute and the aftereffect of the clause and authoritative it an answerability to abusage such clauses.
And again extending whistle-blowing aegis so that disclosures to the badge and to the regulator such as the Equality and Human Rights Commission are protected.
And again actual finally, a advocacy that there should be the able-bodied accumulating of abstracts on the admeasurement of animal aggravation in the abode and on the cardinal of Employment Attorneys claims involving complaints of aggravation of a animal nature. So abundant to look advanced to.
Siobhan: Indeed, it’s absolutely bright that the spotlight is not affective abroad from this breadth any time soon.
So acknowledge you actual abundant Anna for all those absorbing credibility and reminders of breadth we’re activity and if you would like to discuss any of these issues in added detail, amuse feel chargeless to contact Anna.
Read the aboriginal commodity on GowlingWLG.com
The agreeable of this commodity is advised to accommodate a general adviser to the accountable matter. Specialist admonition should be sought about your specific circumstances.
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