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Do the UK’s new sexual harassment laws go far enough?
Last October, the UK introduced new legislation that places liability on hospitality venues to prevent sexual harassment in the workplace, but experts don’t believe the policy alone is enough.
Jenn Nimmo-Smith, ambassador for the Night Time Industries Association (NTIA) in Glasgow, chaired a panel on the topic at the Night Time Economy Summit, held this year at the Hockley Social Club in Birmingham.
Contributing to the discussion were Anne Marie Chebib, chair of the UK Crowd Management Association; Silvana Kill of the NTIA; Sam Moxom, founder of Phoenix Staffing; and Sylvia Oates, of Six Till Six and Ask For Angela.
The law changes are part of The Worker Protection (Amendment of Equality Act 2010) act. “Before, employers were only held responsible if harassment occurred and a claim was made. Now, they have a proactive duty to anticipate risks and take steps to prevent harassment whether from colleagues, customers or clients,” explains Kill.
The act states that employers must take reasonable steps to prevent sexual harassment of employees, and that a contravention of this is enforceable as an unlawful act.
In practice, Kill says employers must develop clear anti-harassment policies, provide training for staff and management, conduct risk assessments and implement safe and effective reporting mechanisms.
Failure to take reasonable steps could lead to significant penalties. “It’s the difference between responsibility and accountability,” says Kill. “We need to be more proactive, hence the risk assessment element. We have to start thinking about ways to prevent harassment and identify the spaces where people are at most risk of sexual harassment.”
How venues can adapt
Oates adds that while structured anti-harassment training is vital, there is more that can be done. “Helping your line managers to better support their staff in any instances where they feel unsafe or might feel vulnerable to sexual assault – that kind of thing is useful to think about,” she explains.
On reporting mechanisms, she adds there’s a basic approach and a more nuanced one. Often staff will be hesitant to report a ‘small’ concern – for instance, if someone is “a bit huggy” – for fear of getting someone into trouble. She stresses that organisations should create an environment where staff feel comfortable flagging potential issues before they escalate, with the resulting action not necessarily resulting in disciplinary. This could involve simple measures like promoting a culture where physical boundaries are respected – something as straightforward as encouraging people to ask before hugging.
“Try to show that you’re responding to everything that’s happening in the organisation. Show that there is no such a thing as a small concern, and you recognise that,” Oates adds.
Chebib emphasises these measures must be practical, not just policy-driven. “We can have all the policies and legislation, but without action on the ground, it’s a pointless exercise,” she says.
Tackling the issue of repeat offenders
A major concern is preventing individuals with histories of harassment from moving between jobs unchecked. Kill explains that while people may be tempted to start a blacklisting campaign against offenders, this wouldn’t be legal. However, employers shouldn’t be afraid of defamation when writing a reference for a dismissed employee. “There’s no problem in reporting within a reference that somebody has left due to a disciplinary,” she explains, adding that you don’t have to disclose the reason for the action.
“Whatever it is you decide to do, make sure you have the incident management process locked down. Make sure it’s all evidence-based and done through the proper processes, that you’re in step with the team and every complaint made is seen through.”
Addressing third-party harassment
Arguably one of the biggest challenges in nightlife is harassment from customers. “We’ve talked about harassment at work by colleagues, but the biggest risk I would suggest is through customers,” says Oates. “Put things in your contracts about acceptable behaviour. You could have a code of conduct for your venue – as well as policies around what to do with customers.
“Teams can be worried about losing sales and that affecting your business. You need to be clear about being no tolerance.”
Moxom agrees, imagining a scenario in which a high-spending group of customers causes an issue. “Staff will often pull back from holding people to account because of that. But stating that you’re driving safety above income sets an incredible example.”
A culture shift
Beyond policy and legal compliance, businesses need to make a cultural change to both adapt to the new laws and create a welcoming environment for all staff. “It’s got to be inherent in the culture you’re creating,” explains Chebib. “Sometimes it’s about stripping some of the policies back and getting to the simple stuff that actually makes a difference. Policies need to be realistic, pragmatic and appropriate.”
“If you’re a leader of people, how can you open up spaces on a day-to-day basis, where people feel like they can come to you with anything they feel uncomfortable with?” adds Moxom. She explains that simply talking and engaging with staff about things outside of the workplace is important for this. “What’s going on culturally that’s impacting their sense of identity, that’s shaping their belief systems and the way they see the world? Do people feel they can come to us with that, or do they just see us as corporate bodies?”
Kill ruminates on a common saying in recruitment: “You can teach skill, but you can’t teach attitude.” She concludes: “It’s time to teach attitude. The skills and the training are all there. We all know what to do. But I think it’s time to change the attitude. It’s time to teach the attitude.”
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