8 minute read
Where next for Dignity in the Workplace
It has been four years since the ISM published its groundbreaking report Dignity at Work. Deborah Annetts looks back at what led to the report, and what still needs to happen
The ISM welcomes the recent announcement of the Bullying and Harassment helpline by Help Musicians UK. It is always good to see the music sector working together to tackle the profound cultural issues relating to harassment and bullying in the music sector.
While this development is helpful, we should not lose sight of the extent of the challenge facing the music sector when it comes to bullying and harassment, particularly with respect to gender. The ISM is unusual in that it has an equal representation in terms of gender at Board level and a largely female-led senior leadership team. It strives to be the authoritative voice of music professionals and is very aware of the inequalities across the profession, ranging from underrepresentation to pay inequalities to racialised, gendered, and classed constructions of who counts as an ‘ideal’ musician.
In 2017, revelations of sexual harassment in the film sector led to reports of similar allegations in other sectors including ours, the music sector. The ISM began to receive phone calls from women who wanted to share their experiences in the work environment. After talking with them it was clear to us that the sector was facing its own ‘#MeToo’ moment and we needed to dig deeper into what was happening. Francesca Treadaway worked with me to devise a survey which was open to all those working in music, and we were inundated with deeply felt testimony reflecting the experiences of those working in music. It was not just women who responded – we also heard from people with other protected characteristics.
The survey and subsequent report Dignity at Work revealed that the music industry was riven by 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 the nine ‘protected characteristics’ under the UK’s Equality Act, namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. What was clear was that although music tried to portray itself as forward thinking there were many ingrained inappropriate behaviours across the sector. 47% who responded said that they had experienced sexual harassment, inappropriate behaviour or discrimination; of these, 71% were female. It is also notable that 72% of the 47% who suffered discrimination were self-employed. 60% of the 47% provided details relating to sexual harassment, which equates to one third of the total number who responded to the survey. 77% of those who had suffered sexual harassment did not report their experience and their reason for this was because they were frightened of being blacklisted. This was something which came up again and again. The two other most common reasons for not reporting any type of discrimination were the fear of not being taken seriously and the acceptance that this behaviour is part of the culture.
We then looked at what was happening in higher education institutions, broadening this out to theatre and dance where we found similar inappropriate behaviours. Clearly cultural norms were learnt early across the arts and if change is to happen then it needs to be both cultural and legislative.
While conducting our research, we found respondents wanted to see a sector-wide Code of Practice, and that is why I as a solicitor with expertise in discrimination law drafted the Code of Practice, working with the British Film Institute (BFI) which was the pioneer of such codes. We were delighted when the Musicians’ Union (MU) came on board, and today there are over 100 organisations that have signed up to the code – but there are also still some notable absences. There is no reason why all music organisations should not sign an established code, to show their commitment to eradicating discrimination, bullying and harassment in our sector.
One of the main barriers to musicians enforcing their rights under the current Equality Act is the limited scope of the legislation, as it is primarily focused on employees. This needs to change. The ISM responded to the government’s consultation on sexual harassment in the workplace, and our submission included amending the Equality Act to provide protection for all freelance musicians, including while ‘depping’.
In July 2021, the government published its response to the consultation on sexual harassment in the workplace. The response was disappointing since it only considered the workplace in terms of employers and employees – there is no mention of freelance workers. The government has acknowledged the ISM’s concerns that groups such as musicians fall outside the scope of the current Equality Act and promised a wider future review of the legislation. However, they have not given any timescale, so in the meantime freelancers will continue to be left materially unprotected. We are disappointed by the government’s lack of urgency, particularly since the numbers working in the socalled ‘gig economy’ are growing.
Access Dignity at Work at ism.org/images/ images/ISM_ Dignity-at-workApril-2018.pdf
Access Dignity in Study at ism.org/images/ images/EquityISM-MU-Dignity-inStudy-report.pdf
#DignityinStudy
Dignity at work: a survey of discrimination in the music sector k: n in ctor A #DignityinStudy: a survey of higher education institutions Dignity in study: a survey of higher education institutions equity.org.uk ism.org 2018
theMU.org
FINAL REPORT April 2018
#DignityatWork
1 Dignity at work: a survey of discrimination in the music sector Final report - April 2018 ism_music ISMusicians ISM_music company/incorporated-society-of-musicians TheISMUK
We have again called for changes to the Equality Act. We urgently need the time period to be extended to six months for discrimination claims to be brought in the Tribunal. We need to see the Equality Act amended so that it provides real protection for all freelance musicians, including those who suffer discrimination while ‘depping’. We need the reintroduction of the rights around third party harassment and the use of discrimination questionnaires. And we 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.
While helplines have their part to play in counselling those who have experienced unacceptable behaviours in the workplace, they may not deliver change. In my experience as a solicitor who used to bring discrimination claims in the Tribunal, it is legislation and the use of discrimination questionnaires that bring change to the workplace. No helpline can do this. And it is not just legislation which must change. Culture in the music sector must also change so that outdated behaviours are clearly unacceptable.
To play our part in bringing about cultural change, the ISM is committed to our Keychange pledge to have at least 50% representation of women and gender minorities on the ISM 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. At the recent Association of British Orchestra’s (ABO) conference our President Elect, Vick Bain, discussed this issue further while chairing the Gender Agenda panel. The panel highlighted gender inequalities within the profession from sexist behaviour in orchestras and conservatoires to the lack of HR support for freelancers.
If you feel you have been bullied, discriminated against or harassed please do phone our helpline which is free to members. And make sure you contact our brilliant in-house legal team at legal@ism.org. They have a strong track record of assisting members in this area and know how to help protect you in the workplace, whatever inappropriate behaviours you may be experiencing. Always make sure you take legal advice if you think you have been unfairly treated or discriminated against, since you only have a very short time-frame in which to take action.
And lastly, it is really positive that more than 100 organisations have signed up to the ISM / MU Code of Practice. Thank you. We need to get to the stage where all music organisations no matter how big or small have signed up. And you can be part of the change by making sure that the organisations you work for have done just this.
The ISM / MU Code of Practice on Bullying and Harassment at Work can be viewed here: ism.org/campaigns/dignityatwork/ ism-mu-code-of-practice
If you would like sign up to support the Code of Practice, please email your organisation logo to colin.stuart@ism.org Visit ism.org/advice/ ism-counsellingservice
See our feature on page 10 to read more about our President Elect’s work
Recommend ISM membership to a friend
The support of your professional body is more essential than ever. You can help to grow the ISM community by encouraging your friends and colleagues to join. We’ll also give you money off your next year’s membership fee every time someone you recommend joins us at the full or early career rate – £20 off if you are a full rate member, or £10 off if you are an early career rate member. If they join at the full rate, we’ll give them £10 off their membership fee too. Send the name and email address of the friend(s) you are recommending to membership@ism.org. Ask your friend to quote the code FULLREC if they are joining us at the full rate or EARLYREC if they are joining at the early career rate. Find out more at ism.org/recommend
