Written submission from The Everyday Sexism Project (SHW0051)

1. Introduction

3.               •              The Everyday Sexism Project, has gathered hundreds of thousands of testimonies of gender inequality since April 2012, including tens of thousands from women in the workplace. These testimonies reveal the reality of the sexism, sexual harassment, discrimination and sexual violence women are facing in professional settings.
4.  
5.               •              As Project founder, I have visited a large number of workplaces to speak to employees and employers on topics including workplace sexism, sexual harassment, equality and diversity. This has given further insight into the realities of women’s daily lives and their experiences of sexual harassment and sexual violence in the workplace.

7.               •              In 2016, the Everyday Sexism Project and the TUC published the results of a joint piece of research into women’s experiences of workplace sexual harassment in the UK. This was the biggest piece of research of its kind to have been carried out in a generation and provided extremely valuable insight into the scale and nature of the problem.

9.               •              The evidence presented in this document is drawn from a combination of the above sources. It is also informed by collaborative work with other women’s organisations, charities and stakeholder organisations.

11.                      •              I warmly welcome this inquiry and feel strongly that there is currently a significant and under-estimated problem of sexual harassment and sexual violence in workplaces that has a major impact both on women’s lives and careers and on the productivity of workplaces.

14.        Executive Summary

16.                      •              Sexual harassment and violence is a significant and under-reported problem in the whole spectrum of workplaces, and includes verbal harassment, unwanted sexual comments, inappropriate online communications, the display of pornography, unwanted touching, sexual assault and rape.

18.                      •              Our findings suggest that workplace sexual harassment affects over half of all women and two thirds of young women.

20.                      •              Power and control play an important role in a significant number of cases, with perpetrators sometimes holding managerial or other positions of authority and control over victims’ careers.

23.                      •              There is a great deal of fear and silencing surrounding the problem. 80% of respondents to our YouGov survey who had experienced workplace sexual harassment did not feel able to report it to their employer. There is often a widespread misconception that workplace sexual harassment is a thing of the past, which can make it more difficult to tackle the problem. Various factors prevent women from speaking out and those who do often see unfavourable outcomes.
24.         
25.                      •              The short and long-term impact on women’s lives and careers is enormous.

27.                      •              Many women experience intersecting forms of inequality, so sexual harassment in the workplace may combine with racism, homophobia, transphobia, ableism, ageism etc.

29.                      •              There are certain industries (such as hospitality) and insecure forms of work (such as zero hours contracts) that make women more vulnerable to workplace sexual harassment and make it even more difficult for them to access justice when it happens.

31.                      •              Many workplaces seem to be ill informed about the nature and scale of the problem, do not have dedicated measures in place to tackle it, lack effective and transparent reporting procedures, and sometimes seem keen to sweep it under the carpet rather than tackling incidents fully when they arise.

33.                      •              Among several recommendations, some of the most effective would be for employers to introduce sexual harassment training and clear, victim-centred, transparent reporting procedures, and for government to reintroduce employers’ responsibility to act on third-party harassment and to extend the full range of statutory employment rights to all workers, regardless of employment status or type of contract.

35.          Establishing the scale of the problem: How widespread is sexual harassment in the workplace and has it increased or decreased over time?
36.           

37.          Our YouGov research in collaboration with the TUC revealed that workplace sexual harassment has affected over half of all women and two thirds of young women.
38.           
39.          Key findings included:
40.           
41.          More than half (fifty two per cent) of all women polled have experienced some form of sexual harassment.
42.           
43.          Thirty-five per cent of women have heard comments of a sexual nature being made about other women in the workplace.
44.           
45.          Thirty-two per cent of women have been subject to unwelcome jokes of a sexual nature.
46.           
47.          Twenty-eight per cent of women have been subject to comments of a sexual nature about their body or clothes.
48.           
49.          Nearly one quarter of women have experienced unwanted touching (such as a hand on the knee or lower back).
50.           
51.          One fifth of women have experienced unwanted sexual advances
52.           
53.          Just under one in ten had seen displays of pornographic material in the workplace
54.           
55.          More than one in ten women reported having experienced unwanted attempts to kiss them or unwanted touching of their breasts, buttocks or genitals in the workplace; incidents which could be defined as sexual assault under UK law.
56.           
57.          One per cent had experienced a serious sexual assault or rape in the workplace
58.           
59.          It is difficult to say whether the problem has increased or decreased over time due to a lack of reliable statistics on this issue. However, it is certainly possible to say with confidence that a significant and underreported problem in this area continues in UK workplaces today, in spite of the common refrain that this is a ‘thing of the past’.
60.           

61.          Who perpetrates sexual harassment in the workplace, who experiences it and what is the impact on different groups?

62.           
63.          Our research revealed:
64.           
65.          More than one in ten women reported experiencing unwanted sexual touching or attempts to kiss them.
66.           
67.          In the vast majority of cases, the perpetrator was a male colleague, with nearly one in five reporting that their direct manager or someone else with direct authority over them was the perpetrator.
68.           
69.          In these cases the abuse of power can make it particularly difficult for a victim to report what is happening as she might fear for the negative impact on her career. A specific problem occurs when the person to whom an employee is required to report sexual harassment is the person perpetrating that harassment (often a direct or line manager).
70.           
71.          Four out of five women did not report the sexual harassment to their employer.
72.           
73.          It is also important to note that women experience sexual harassment both from colleagues and from third parties (often customers or clients) but as a result of the 2013 repeal of Section 40 of the Equality Act 2010, employers do not currently have a duty to protect employees from this third party harassment. This type of harassment is particularly likely to impact women working in leisure and hospitality industries (who are also disproportionately likely to experience insecure forms of work such as zero hours contracts) so this issue has a particular impact on these women.
74.           
75.          The impact of workplace sexual harassment is enormous. It is professional, financial and psychological. It can have severe and ongoing repercussions for women’s careers, including forcing them to leave jobs, or to work less effectively or limit their own careers to avoid particular people or situations. It can result in ongoing mental health problems, which may result in time off work in the short or long term. For women who report there is a risk of negative career repercussions, from demotion to seeing their hours cut to losing their jobs altogether.
76.           
77.          Our survey findings revealed that of those who had experienced workplace sexual harassment:
78.           
79.          One fifth avoided certain work situations as a result. Fifteen per cent reported that they felt less confident at work.
80.           
81.          One in ten reported that the harassment had a negative impact on their mental health.
82.           
83.          Three per cent reported that there was a negative impact on their physical health.
84.           
85.          The impact can be complicated and increased for those experiencing the intersection of workplace sexual harassment with other forms of harassment discrimination including on the basis of race, ethnicity, class, ability, sexuality, gender identity, age, faith or mental health. These intersecting forms of harassment can also make accessing support harder, particularly if systems of support or reporting are set up to tackle specific and distinct categories of harassment that may not fit those experiencing multiple forms of abuse.
86.           
87.          There is also a particular impact for those working in precarious forms of employment such as workers on zero hours contracts. For these workers, there is very little sense of available justice or support and a great sense of insecurity and fear of losing hours or losing their jobs altogether if they were to complain.
88.           
89.          In some industries (particularly in leisure and hospitality but also elsewhere) there is an implicit or explicit suggestion that sexual harassment is seen as part of the job, including pressure to dress and behave in a particular manner to ‘keep customers happy’ and/or earn tips. This particularly compounds the problem as it creates a sense of impunity and normalisation.

91.          Last year, a ComRes survey of over 6,000 adults (men and women) found                                           that people employed by an organisation were significantly less                                                         likely (29%) to have suffered unwelcome sexual behaviour at work                                                        than               people engaged as freelancers, gig workers or on zero-hours                                                         contracts (43%).

92.           
93.          For further information on the specific intersection of sexual harassment and zero hours contracts, including direct testimony, please see: httpswwwtheguardiancomlifeandstylemarwomen-made-vulnerable-zero-hours-contracts-sexual-harassment-work
94.           
95.          My work with businesses and organisations suggests that there is also a serious negative toll taken on companies and workplaces by sexual harassment. It can result in low morale, high staff turnover, diminished productivity, expensive tribunal claims and poor professional outcomes. It is therefore in everybody’s interest to tackle the problem.
96.           

97.          Suggested actions for Government and employers:

98.           
99.          Recommendations as set out in our recent report in collaboration with the TUC:
100.      
101.     Recommendations for government
102.      
103.     Third-party harassment
104.     Reintroducing a duty on employers to act where an employee is being harassed by a third party would be an important step in tackling workplace sexual harassment.
105.      
106.     Reinstating employment tribunals’ power to make wider recommendations
107.     The Equality Act 2010 gave employment tribunals the power to make wider recommendations for the benefit of the wider workforce, not just the individual claimant, in relation to discrimination claims. This power was removed by the Deregulation Act 2015.
108.      
109.     In workplaces where a culture of bullying and harassment has been allowed to flourish or where there are systemic failures of the organisation to respond adequately to complaints of harassment, the power to make wider recommendations would be of great benefit.
110.      
111.     Reinstating the statutory equality questionnaire
112.     The statutory equality questionnaire allowed claimants to ask questions about their potential claim to the alleged discriminator before going to tribunal. It enabled claimants to gather information at an early stage, often before proceedings started, and to determine whether they had a case or not. The questionnaire procedure was removed in 2014 in spite of over 80 per cent of respondents to the government consultation opposing the proposal.
113.      
114.     Reintroducing the questionnaire would allow anyone who wished to pursue a claim of sexual harassment to gather information to support their case.
115.      
116.     Recognition and facility time for union reps
117.     In order for union reps to provide adequate support for members in the workplace, they need time off for training and time to deal with these issues promptly before they escalate. Trained reps – in particular, equality reps – are well placed to deal with issues such sexual harassment but statutory rights and facility time for equality reps is needed to enable them to carry out their role effectively.
118.      
119.     Extend full range of statutory employment rights to all workers, regardless of employment status or type of contract
120.      
121.     Our polling has highlighted the vulnerability of women in precarious work who are less likely to report harassment and feel less able to leave their job to escape harassment. The government should ensure that all workers are entitled to the full range of statutory employment rights, regardless of their employment status or their type of contract. In particular, the law on employment status and rules on continuity of employment should be reformed to ensure agency workers and those employed on zero-hours or casual contracts do not lose out on basic rights at work, including protection from unfair dismissal.
122.      
123.     Recommendations for employers:
124.      
125.     Decent jobs
126.     Given the particular vulnerability of women on casualised contracts highlighted by this research, employers should aim to employ staff on permanent, secure contracts which offer decent hours and decent pay. Temporary contracts, zero-hours contracts, casual contracts and agency workers, should only be used by employers to respond to genuine peaks and troughs in demand or to match short-term skill needs.
127.      
128.     Training
129.     HR and all levels of management should receive training on sexual harassment, what constitutes sexual harassment, stalking and online harassment, relevant law and workplace policies, and how to respond to complaints of sexual harassment. In some workplaces, training for all staff may be appropriate.
130.      
131.     Clear policies
132.     Employers should have a clear zero tolerance approach to sexual harassment and policies which reflect that. Use of social media and workplace equipment (e.g. work phones or laptops) should be taken into consideration when formulating policies on sexual harassment. All employees should be made aware of these policies, reporting procedures and their rights and responsibilities regarding workplace sexual harassment.
133.     Where there is a recognised union, seeking input from union reps into the development of a sexual harassment policy is recommended.
134.     Employers should ensure that everyone working within their organisations can use grievance procedures to raise concerns about discrimination and harassment at work, including those on zero hours or casual contracts, agency workers and contractors who may be employed by another organisation.
135.      
136.     Implementation and enforcement of policies
137.     Given the findings of this report in relation to employer’s failing to act when sexual harassment is reported – or indeed, the harassment worsening after reporting to the employer – employers should pay particular attention to grievance procedures and how complaints of sexual harassment are dealt with when they arise.
138.     Policies should make specific provision to ensure that employees are protected from experiencing adverse outcomes after reporting workplace sexual harassment. The TUC online survey and the Everyday Sexism site provide many examples of inadequate management responses, from moving the complainant to a different department, to disbelieving or even victimising the complainant.

March 2018