Lights, Camera, Action: New Laws Demand Proactive Measures Against Sexual Harassment in Film, TV & Theatre.

October 22, 2024

Written by TSHRC

On October 26th, a significant update to sexual harassment legislation will come into effect, aiming to address the gaps in current laws that have failed to adequately protect workers. This new legislation mandates that employers take proactive steps to prevent sexual harassment in the workplace.

For those in the Film, TV, and Theatre industries this can be anywhere—from dressing rooms and trailers to editing suites and beyond. In these creative spaces, the lines between personal and professional can blur, leaving room for inappropriate behaviour to go unchallenged. This upcoming legislative update aims to close these gaps and hold employers fully accountable, ensuring proactive measures are taken to create safe environments for all.

Why the Update

While there have been many legislative efforts to combat sexual harassment, recent high-profile cases have shown that loopholes still exist. Programmes like Rivals on ITV, based on Jilly Cooper’s book about TV executives in the 80s, remind us of the power dynamics that once ruled the entertainment industry. Today, issues of abuse and harassment persist, these narratives reflect a darker reality: the creative industries still harbour environments where harassment thrives, often in less formal or private settings. The new legislation introduces a preventative duty for employers, requiring them to conduct risk assessments and implement measures to mitigate risks, similar to health and safety protocols (1).

High-Profile Cases and Their Impact

In the last five years, there have been numerous sexual harassment cases in the UK in TV, Film & Theatre. These cases, though shocking, are only the tip of the iceberg, with many incidents remaining unreported due to fear of retaliation or the belief that such behaviour is simply "part of the industry."

Many victims choose not to report due to fear of retaliation, victim-blaming, or lack of faith in the system. This silence is often perpetuated by toxic work cultures that normalise such behavior, creating environments where victims feel powerless. It's crucial to shed light on this underreported problem, challenge harmful norms, and foster safer spaces for everyone.

The 25% Uplift in Compensation

One of the most impactful aspects of the new legislation is the 25% uplift in compensation for victims if an employer is found to have failed in their duty to prevent harassment (1). This should send a clear message: reactive measures aren’t enough. Employers need to actively take steps to foster safer workplaces. Waiting until after the fact or turning a blind eye to inappropriate behaviour in the trailer or dressing room is no longer acceptable.

What employers might have previously dismissed as ‘banter,’ or ‘part of the job’ is now being called out for what it truly is: a failure in duty of care. By not establishing formal policies or training around sexual harassment, some organisations are fostering toxic work environments that perpetuate the issue.

The Role of Workplace Culture and Informality

The informal nature of many workplaces in the entertainment industry can create environments where harassment is more likely to occur. Employers must foster a culture of zero tolerance towards harassment and ensure that all employees feel safe and supported.

Underreporting of Sexual Harassment

It’s also important to acknowledge that sexual harassment is vastly underreported. For instance, in the theatre industry, 67% of those who experienced harassment did not report it (6). In industries where reputation and connections often dictate success, many victims fear that speaking out will damage their careers. This leaves perpetrators unchallenged and creates a culture of silence, where toxic behaviours can thrive.

Recognising Harassment: What Does It Look Like?

The Cooper's Model of Sexual Harassment provides a useful framework for understanding the varying levels of harassment, from subtle innuendos to explicit misconduct. Sexual harassment is not just about inappropriate physical advances – it can take many forms, including:

• Verbal comments: Unwanted remarks or jokes of a sexual nature.

• Non-verbal actions: Staring, gestures, or the sharing of inappropriate images or videos.

• Physical advances: Unwelcome touching or attempts to initiate physical contact.

• Employers need to educate their teams about what constitutes harassment, so they can spot and prevent it early.

Seasonal Surge in Harassment Claims

Historically, there’s been a surge in sexual harassment cases around awards season, galas, and Christmas party season. These events often involve long hours, alcohol, and informal settings, which can lead to blurred lines and increased risk. Employers need to be particularly vigilant during these times and remind employees of their rights and the company’s zero-tolerance stance towards harassment.

In conclusion, the role of employers in cultivating a culture of respect and safety within the workplace cannot be overstated. The key points discussed throughout this blog post underscore the importance of fostering an environment where employees feel valued, safe, and respected. This not only enhances productivity but also contributes to overall employee satisfaction and retention. However, creating such a culture requires strategic planning, consistent implementation, and continuous evaluation. For expert guidance on how to effectively create and maintain a healthy workplace culture, consider engaging with The Small HR Company. We are committed to helping you build a respectful and safe working environment for your team.

With the new legislation on the horizon, the responsibility now falls squarely on employers to build safer workplaces across every corner of the entertainment industry. No longer can anyone turn a blind eye to inappropriate behaviour in a trailer, dismiss comments in the editing suite or ignore unwelcome touching backstage. It's time for employers to step up, develop clear policies, educate their teams, and create a workplace culture that leaves no room for harassment.

With heightened accountability and the looming threat of hefty fines, now is the time to act – not react – to sexual harassment. The future of the industry depends on it.

Ready to take the next step in creating a safer and more inclusive workplace? Click here to register your interest in our Preventing Sexual Harassment in the Workplace – TV, Film & Theatre training programme today!"