Written evidence submitted by the Incorporated Society of Musicians (MiM0009)

 

Introduction

1. This evidence is submitted by the Incorporated Society of Musicians (ISM) in response to the Women and Equalities Select Committee (WESC) inquiry, Misogyny in Music”, which was launched on 9 June 2022.

2. The ISM is the UK’s largest non-trade union representative body for professional musicians. Founded in 1882, we champion the importance of music and protect the rights of those working across the music sector. The ISM has over 11,000 members who come from all branches of the profession and work across all genres and disciplines. They are supported through a range of services, resources, professional development, and legal advice. The ISM is a wholly independent, non-profit-making organisation. Unusually for a music organisation, it has a majority of women in senior leadership positions and has committed to an equal balance between gender on the Board. The membership of the ISM is 60% female, which is also unusual.

3. To play our part in bringing about cultural change, the ISM is committed to the Keychange pledge to have at least 50% representation of women and gender minorities on the ISM governing body, the Council and at ISM events. In 2021 we achieved this goal on our Council and at our two digital conferences, 'Building for the future' and 'Where to next for music education?’. The Keychange pledge represents a collective effort to change the music industry landscape and work towards gender balance.

4. The roots of misogyny can be traced back to ancient Greek mythology[1]. Misogyny takes many forms such as male privilege, patriarchy, gender discrimination, sexual harassment, belittling of women, violence against women, and sexual objectification[2]. Much of the work of the ISM in this field centres on inappropriate behaviours which can manifest themselves as discrimination and harassment.

5. In 2017, revelations of sexual harassment in the film sector led to reports of similar allegations in other arts sectors, including music. The ISM legal team began to receive phone calls from women who wanted to share their experiences in the work environment. This resulted in a tripling of ISM members’ discrimination cases and led the ISM to undertake its own research into discrimination to discover exactly what was going on within the music industry.

6. The ISM launched its Dignity at Work campaign in 2017 beginning with a comprehensive survey which was promoted across the whole of the music sector. The survey and subsequent report in 2018[3] revealed that within the music industry there were a high level of discriminatory practices and behaviours, including sexual harassment. Nearly half of the 600 respondents stated that they had experienced some form of discrimination with reference to all nine protected characteristics in the UK namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

7. The report also dug down into gender discrimination and inequality. Looking at the 47% who stated that they had been discriminated against, 75% did not report their experiences. Of these, 77% identified as female and 72% were self-employed at the time of the incident. The more frequent reason given for not reporting was fear of losing work. We have heard musicians say that blacklisting operates. Selected quotes:

I would never work again. He had all the power and influence, and I was (and still am) unknown.

I was told, “I will see you never work again.”

Not worth being a whistle-blower. It ruins any career chances I might have had.

8. It is hardly surprising that women do not report the discrimination they suffer, even when this is sexual harassment. They do not have the normal protections found in most workplaces such as an HR function.

9. The music workforce is largely unregulated, with freelancers being subjected to all forms of discrimination which, by the very nature of the unstable work they do, leads to them making the decision not to report their experiences for fear of losing work.

10. The other most common reason for not reporting discrimination was that the behaviour was part of the culture.

11. The ISM then researched what was happening in higher education institutions with another survey and report, Dignity in Study[4] (2018) in which we explored inappropriate behaviours in higher education (in collaboration with Equity, the trade union known for representing the acting profession, and the Musicians’ Union). The settings surveyed included students at universities and specialist music, drama, and dance colleges.

12. The findings were in line with our workplace survey: 57% reported experiencing inappropriate behavior, and those who did not report their concerns to their institution cited their main reasons for this as:

  1. The risk of not being believed or taken seriously
  2. The risk of damaging their reputation
  3. The risk that the complaint would not be handled appropriately
  4. The behavior seemed to be culturally acceptable in the higher education institution where it happened.

 

13. Respondents to the Dignity in Study survey overwhelmingly called for improved awareness of reporting and training for students to recognise acts of sexual harassment, bullying, inappropriate behaviour, and discrimination. Selected quotes:

 

Students need to be reassured that they will be taken seriously and that any reports are dealt with discretion and respect.

 

Have a zero-tolerance policy that is upheld regarding bullying, gender-discrimination and sexual harassment/abuse alongside other forms of discrimination.

Above anything, we need to find a way of making people understand that they did not do anything to deserve what happened to them.

 

14. When the Dignity at Work report was published, we undertook to revisit the research four years later to explore whether there had been any cultural change since 2018, or if those working in the music sector were still subject to inappropriate behaviours and discrimination. Therefore, in May 2022 we launched a follow-up survey on ‘Discrimination in the music sector. The survey recently closed (27th June 2022) with over 650 responses. The full report is due to be published in early September 2022. However, we welcome the opportunity to share some of the initial research findings within this evidence submission, and the full report can be made available for the inquiry from September 2022.

“What types of support exists for women experiencing sexism or misogyny in the music industry? How can they report problems or abuse?”

Part 1: What types of support exists for women experiencing sexism or misogyny in the music industry?

15. The ISM has been engaged for many years, and especially since 2017, in work covering harassment, bullying, and discrimination in the music sector.

16. The ISM employs a team of six lawyers and the CEO of the ISM is herself an employment solicitor. In 2020-2021, the legal team dealt with over 1,600 cases raised in relation to members’ work, which included cases covered by the Equality Act such as maternity rights, discrimination, and harassment. The ISM is the only membership organisation to offer this level of comprehensive legal support and representation for musicians. The issues which lead to members seeking legal advice can and does lead to the ISM conducting research into specific areas and developing policy asks.

17. All ISM members have access to a comprehensive counselling service, provided by the ISM's sister charity, ISM Members Fund. It is mainly funded by legacies and donations from members and supporters of the ISM. The service is completely confidential and includes:

a.      A personal support and advice helpline available 24 hours a day, 7 days a week staffed by professionally qualified counsellors

b.      Up to six structured sessions of counselling or Cognitive Behavioural Therapy (CBT) which can be delivered face-to-face, by telephone or online

c.      Online health and wellbeing portal which provides access to wellbeing resources including four-week programmes, videos, and webinars

d.      My Healthy Advantage mobile app with access to Bright TV, mood trackers, mini-health checks, and live chat facility

18. There are other counselling options open to musicians such as those run by Help Musicians UK and the Musicians’ Union.

19. Outside of the comprehensive support available to ISM members, people working in the music sector can be made vulnerable purely through the nature of it: the ISM’s 2018 report found that 60% of respondents reported that they had been subject to sexual harassment and of these, 72% were self-employed at the time of the incident. Freelancers working in music represent a highly versatile and talented workforce who are made vulnerable by falling outside legal protections and support which are found in more traditional employment where there is ready access to an HR function.

Part 2: How can they report problems or abuse?

20. Our recent research on ‘Discrimination in the music sector’ (2022) identifies some of the barriers that prevent reporting and resolving problems or abuse. According to our findings:

  1. Despite alarmingly high levels of discrimination, misogyny, and sexism occurring in the industry, the majority of victims say that there are no clear procedures for reporting these incidents
  2. The majority of victims are self-employed and as such fall outside the legal protections found in more traditional employment
  3. There is a lack of understanding in organisations within the sector about their responsibilities under the Equality Act (EqA)
  4. Acts of discrimination are overwhelmingly committed by people who hold power and influence over someone’s career. Victims fear losing work and risking their reputation and therefore do not report
  5. We will provide the full quantitative data and broader findings in our forthcoming report, due to be published in early September 2022.

“What steps should the Government and other industry bodies take to tackle misogynistic and sexist attitudes towards women in music?”

 

Government

Legislation

21. There are several issues at work within the music sector. One is the lack of legal coverage because so much of the workforce is freelance. The other is cultural. As evidenced in our 2018 Dignity in Study report, inappropriate behaviours can become perceived as acceptable during professional training. This can perpetuate inappropriate behaviours within the profession itself.

22. One of the main barriers to musicians enforcing their rights under the EqA is the limited scope of the legislation. The ISM responded to the WESC inquiry “Enforcing the Equality Act: the law and the role of the EHRC” in 2018. Our submission included calls to:

a.      Amend the Equality Act 2010 to provide protection for all freelance musicians, including those who suffer discrimination while depping (a term used when a musician organizes another musician to substitute for them, often at short notice)

b.      Reintroduce rights around third party harassment and discrimination questionnaires in the Employment Tribunal

c.      Extend to the time limit for bringing discrimination cases under the Equality Act 2010.

 

23. The ISM responded to the Government’s consultation on sexual harassment in the workplace launched in 2019. The consultation aimed to gather evidence on whether the current laws for protecting people from sexual harassment in the workplace are effective, including how best to strengthen and clarify the laws in relation to third-party harassment. The ISM’s submission included suggestions for amending the Equality Act 2010 to provide protection for all freelance musicians, including those who suffer discrimination while ‘depping’, reintroducing rights around third party harassment, and asking for an extension to the time limit for bringing discrimination cases under the Equality Act 2010.

 

24. Following on from this the ISM met with the UK Government Equalities Office in the summer of 2019. The ISM stressed the importance of putting in place a legislative framework that protects vulnerable freelance workers, reintroducing rights around third party harassment, reintroducing discrimination questionnaires, and extending the time limit for bringing forward discrimination cases. At this stage there seemed to be an interest in Government to tackle the issues which we had raised.

 

25. The Government published its response to the consultation on sexual harassment in the workplace in July 2021. We were disappointed by the report, which throughout used the language of employers and employees. There is no recognition that in many workplaces today there is no employer and indeed no HR department which workers can go to if they feel that they have been badly treated.

26. Though the Government explicitly acknowledged the ISM’s concerns that groups such as musicians fall outside of the scope of the EqA current protections and confirmed that broader issues around which groups are covered by the Act could be an aspect of any wider future review of the legislation, there was no commitment to such a review. Therefore, at this time freelancers continue to be left materially unprotected by the current legislation. 

Third party harassment

27. Musicians often find themselves in public places such as concert halls, clubs, large venues, weddings, theatres etc. Performances often take place at night and in licensed premises where alcohol is served. Harassment – particularly of a sexual nature – is rife in these environments, as evidenced in our 2018 and 2022 surveys. Musicians are at risk from audience members, paying or non-paying guests, and their principals.

28. The Committee will be aware that until 1 October 2013, workers were able to bring claims for third party harassment under the EqA. That provision was repealed by the Enterprise and Regulatory Reform Act 2013. In the current climate, a person who seeks to bring a claim of harassment against their employer will have to rely on nebulous provisions involving vicarious liability in order to found a claim.

29. The removal of third-party harassment from the EqA landscape has greatly reduced the protection afforded to musicians. As it stands, employers, service providers and fixers are able to distance themselves from a societal ill that takes place under their watch and, arguably, in circumstances where they should be held responsible.

 

 

Industry

Code of practice

30. Following our Dignity at Work report in 2018, in which 86% of respondents called for a code of conduct for the music sector, the ISM developed a Code of Practice[5] with the Musicians Union, which to date has been endorsed by over 120 music organisations. It is a set of principles that aims to eradicate bullying, harassment, discrimination, and other forms of inappropriate behaviour within the sector.

31. 94% of respondents to 2022 ‘Discrimination in the music sector’ survey are supportive of all organisations within the music sector signing up and promoting the ISM/MU Code of Practice.

Independent Standards Authority (ISA)

32. The ISM recognises that action is required on discrimination, bullying and harassment in the music and wider creative sector.

33. We understand that a structure called the Independent Standards Authority (ISA) is being suggested. It is akin to a grievance procedure. The ISM believes that this proposal is not without its own problems and could well fall short of tackling the issues which we have highlighted above. Further there is a risk that it could make matters worse.

34. Care needs to be taken that an individual’s right to pursue a protected characteristics claim is not undermined. If an individual approaches the ISA then they must be advised of their legal rights to ensure that any legal deadlines are not missed and that their position is protected re ACAS. Safeguarding will also need to put in place to protect those who make disclosures to the ISA from victimisation.

35. The ISA will need to consider how the process interacts with any civil or criminal cases which are taken by individuals contacting them. In the interests of fairness and natural justice there needs to be a robust appeals system in place to protect both the victims and the alleged perpetrator.

36. The ISM does not believe that the proposed ISA will tackle the fundamental issues within the music sector which are largely driven by the fact that the majority working in the sector are freelance and are not adequately protected by the EqA.

Training and awareness

37. It is vital that all parts of the music profession are examined, and adverse culture challenged. Diversity and inclusivity training will play a key role in culture change. 59% of respondents to our 2018 Dignity at Work survey called for training on the subject of sexual harassment, inappropriate behaviour, and discrimination. Musicians need essential support in understanding their rights and obligations as professionals, especially in relation to sexual harassment. To tackle this, the ISM has conducted training with webinars such as ‘Sexual harassment: Knowing your rights’ and ‘Sexual harassment: Knowing your obligations’.[6]

38. According to our 2022 research, 90% respondents think organisations should be actively undertaking training to understand their obligations under the EqA. There is clearly a large appetite for all participants in the sector to be educated on what behaviour is inappropriate for the workplace, and what behaviour is so inappropriate that it is unlawful.

39. There is quite some way to go to achieving universal basic knowledge of what constitutes discriminatory behaviour. However, the responses to our surveys suggest that what is sometimes described as a lack of knowledge of rights and obligations under the EqA can also be used as a shield for unlawful behaviour.

Conclusion

40. This inquiry is an opportunity for the WESC to tackle the government’s inaction, and we reiterate our asks from previous submissions:

a.      Amend the Equality Act 2010 to provide protection for all freelance musicians, including those who suffer discrimination while depping (a term used when a musician organizes another musician to substitute for them, often at short notice)

b.      Reintroduce rights around third party harassment

c.      Extend to the time limit for bringing discrimination cases under the Equality Act 2010 to six months from three months

d.      Reintroduce discrimination questionnaires which play an important part of the process of bringing a claim in the Employment Tribunal.

 

41. We also need better data collection on the prevalence of sexual harassment at work and regulation of non-disclosure agreements and contractual clauses preventing disclosure of future acts of discrimination, harassment, or victimisation.

 

42. The ISM would be pleased to assist the WESC further and are available for any queries. We will supply the WESC with our final report on ‘Discrimination in the music sector’ when it is published in September 2022.

July 2022

 


[1] Srivastava K, et al. Misogyny, feminism, and sexual harassment. Ind Psychiatry J. 2017 Jul-Dec; 26(2):111-113.

[2] Code L. Encyclopedia of Feminist Theories. London: Routledge; 2000. p. 346

[3] https://www.ism.org/images/images/ISM_Dignity-at-work-April-2018.pdf

[4] https://www.ism.org/images/images/Equity-ISM-MU-Dignity-in-Study-report.pdf

[5] https://www.ism.org/images/files/Code-signed-by-Naomi-Pohl-and-Deborah-Annetts-UPDATED-vk.pdf

[6] ism.org/webinars