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Reporting - Deciding between informal or formal reporting
You can choose to report informally or formally to your employer or the company that contracted you. You do not have to report informally first, and there is no obligation to escalate an informal complaint to a formal complaint. Most companies would prefer to deal with behaviour through informal conversations initially. Exceptions to this might be if you informally report a behaviour which the company regards as gross misconduct. Gross misconduct can lead to immediate dismissal. Different companies may have different definitions of what constitutes gross misconduct.
Reporting
Informal reporting means having an informal and confidential chat about your experience with the company or organisation that you are working with. Depending on whether you are employed or freelance, you should first approach your line manager, or the person who contracted you, and ask to have an informal chat. If you do not feel comfortable doing that, try and find someone else in a senior role you feel comfortable talking to, or someone working in HR for the company.
Some companies have a trained designated person to support you in these situations. Freelancers often aren’t clear who their line manager is or may not, officially, have one. In this case, approach someone who works for the company and who you feel comfortable talking to.
If you feel able, it is best to share the problem as soon as possible. Companies would often rather have the opportunity to act and stop the unwanted behaviour before it escalates.
This route may not feel appropriate if you are reporting a very serious issue.
ACAS advise that, if an informal meeting is set up, it's a good idea to:
- Check the ACAS website for information about your problem and how it might be dealt with.
- Prepare what you want to say, for example, how to explain what you're unhappy about.
- Think about what you'd like your ‘employer’ to do.
In some organisations there will be a structure via which you can report such behaviour which will tend to be the larger organisations with permanent management and employees. Companies may have quite small management structures without a human resources (HR) function. It could even be the case that it’s a manager or the overall head of the organisation who is the problem so that would rule this out.
If you do want to report the behaviour formally, and this is possible within the organisation, then ask for the organisation’s complaints procedure. If they don’t have one then you can refer to ACAS procedures. Submit a formal complaint and follow through with the investigation that will take place.
Within and employment situation the process is generally called raising a formal grievance. A grievance procedure is a formal way for you to raise a problem or a complaint with your employer or company.
ACAS states that the ‘employee’ can raise a grievance if:
• They feel raising it informally has not worked.
• They do not want it dealt with informally.
• It’s a very serious issue, for example sexual harassment or ‘whistleblowing’.
Remember the organisation you work for may have a grievance procedure and if they do it should be accessible to you. If they do not, follow ACAS’s template.
Once you have submitted a report, the company should be transparent about what happens next. This includes keeping you informed on:
• The limits to confidentiality within the organisation.
• The expected timeline for any investigation into your complaint.
• What they can do to help you feel safer at work whilst the investigation takes place.
• Prompt updates about the outcome of your complaint.
Remember that you should be kept informed of the outcome of any complaint you make and you have a right to appeal any decision you are not satisfied with.
Grievance outcomes
After the grievance hearing you will be informed of the outcome of the grievance, which should be in writing. Possible outcomes are:
• The grievance is upheld in full.
• Part of the grievance is upheld but parts of it are rejected.
• The grievance is rejected in full.
If upheld then the company should explain what they are doing to resolve the problem.
If you’re not happy with the decision or the company does not do what they have promised then you can appeal.
If you are dissatisfied with the result of the investigation you could:
• Appeal the decision.
• Consider pursuing an employment tribunal. Remember there is a time limit for this.
• Seek advice from an external agency (ACAS, Scottish Women’s Rights Centre, Citizen’s Advice).
In non-employment situations such as in training institutions it may be possible to report this type of behaviour formally but this may involve different procedures to the grievance procedures that are available to employees or workers.
If you disclose that you have been the victim of a rape or sexual assault, the company or organisation might want to explore whether you want to report it to the Police. They should not put pressure on you to do so and should respect and support any decision you make.
There may be a rare occasion when the company feels they need to report what has happened despite your wishes. For example, if there was an ongoing risk to your safety, the safety of others, or if you are legally defined as a vulnerable adult. You should be informed that the company is going to do this before they do so.
If the company makes a report to the Police against your will then you can call a Rape Crisis helpline for support and advice. Remember there is no right or wrong decision when it comes to dealing with harassment. The decision is personal to you and your circumstances at the time. If you are unsure about what to do, talk it through with someone.
If you have been the victim of a criminal act such as sexual assault or rape then you may feel you want to report it to the Police. This is a difficult and personal decision. National Rape Crisis Centres can support you to explore your options and your local Rape Crisis Centre can provide an advocacy worker who can also support you, whether you are considering reporting or have already reported.
If you are going to challenge the harasser then do the following:
• Ask an ally to be a witness before approaching the harasser.
• Be specific about what behaviour is upsetting you.
• Be clear that you want the behaviour to stop.
Other potential actions
Depending on whether it’s an employment situation and what your employment status is it may be appropriate to pursue the matter through an Employment Tribunal if it can’t be resolved by other means such as a grievance. There are time limits for starting such action which is normally 3 months less one day from the date of the incident (or most recent incident). Equity would assist you with this as long as you’re a member. ACAS can also provide information online.
Some arts organisations, particularly those in receipt of funding, may have a board. The board of an organisation is responsible for ensuring it meets its legal and charitable obligations. Depending on the circumstances, you might wish to approach the board of the organisation. Some boards have a nominated person who deals with any safeguarding or grievance issues. If it is not clear who this is then approach the chair. This should normally only be done if you cannot approach anyone else within the organisation first, as the board usually deal with appeals so would not normally be involved before due process was followed first.
Arts Council England, Arts Council Wales, Creative Scotland and Arts Council Northern Ireland do not have a regulatory role regarding the practice of those working in the creative sectors and cannot investigate individual allegations of unacceptable behaviours. But they do actively encourage those experiencing harassment to seek support, consider the grievance or reporting route that is right for them and, where necessary, to raise concerns with the board.
In such cases, funding bodies will expect to see strong leadership from the organisation in response to issues raised. In funding agreements, they state that organisations should adopt inclusive policies and practices regarding Equalities and Diversity. This includes ensuring dignity at work. They also reserve the right to stop paying funds to, reduce funding, or ask funding to be returned if an organisation does not meet the ethical and governance standards expected in managing public money. For more information on funding bodies’ role in tackling harassment in the performing arts please see their Dignity at Work Policies.
It can be tempting to use social media to share your story. Whilst it can be a place to seek solidarity with others with similar experiences, we advise that you use caution when doing so. Some things to consider before posting include:
- Check your employer’s social media policy initially before posting about a work-related incident.
- Note that posting online is considered publishing under the law.
Even if you do not name your harasser in an online post, if they are identifiable then a defamation action may still be raised against you. - Remember you can’t control how quickly things spread and they can go further and faster than you might imagine.
You may reach a point where you have exhausted all the available options. There may be times when you do not get the response you deserve. In these circumstances, it is important to prioritise your own wellbeing. Achieving acknowledgement and accountability is only one part of recovering from harassment. It can be exhausting trying to seek accountability for the actions against you. When considering how you recover, it can be helpful to focus on the things you can control, such as reaching out to friends and family and using self-care tools. Be gentle with yourself as you recover from this.