Al-Fayed - Predator at Harrods. Excellent BBC investigation shines a light on the abuse and systemic protection of Mohamed Al-Fayed

DAWS welcomes the spotlight shone on Harrods and their previous owner Mohammed Al Fayed last night on the BBC. BBC Two - Al Fayed: Predator at Harrods Al Fayed perpetrated abuse in plain sight over decades and acted with impunity due to his power and money. He was not held to account and those he harassed, assaulted and abused were subdued and failed by those who should have been protecting them. He is not the first and will not be the last.

The documentary demonstrated excellent journalism and such courage from those he had abused during his time as the owner of the Harrods store. But it was also a timely reminder of the protection and power such people have. The victims of his crimes should never have needed to appear on a documentary, they should not have been silenced and organisations can do more to prevent such crimes happening in the future.

Non disclosure agreements (NDAs), in this context, are a nonsense. If organisations use them to silence victims of abuse, it indicates something is deeply wrong and needs addressing internally. It indicates a culture problem. This abuse is not inevitable. Companies have a duty to take reasonable care of the health and safety of its employees which includes their physical and mental health. (Common Law Duty of Care)

In this excellent article Domestic abuse and the workplace | LawNews.co.uk Noelle Gooden from Grant Saw Solicitors highlights: “The most important thing is what you actually do to manage and control risk in the workplace. Paperwork alone does not prove that you're complying with the law.” How we define “manage and control risk” is something to consider. What policies are in place, what support is there for those experiencing abuse, what challenge is there to those who may be using it or covering it up? Is this a safe workplace and if not, how do we make it safer?

DAWS urges companies to consider all their employees from new starters to owners and all in-between. We share the same floor 5 days a week, our wages are paid by these organisations, the power dynamics can easily be abused but - preventative measures can be taken. We ask all those who employ people to consider the frameworks they have in place and the awareness raising they can do to turn the tide. These are societal issues and require a societal response.

Written by DAWS Partner Christian Brazier

Thursday 19th September 2024

 

Employer Duty to Prevent Workplace Sexual Harassment Under the Worker Protection Act 2023 – How may this relate to domestic abuse perpetration?

Sexual harassment can happen to men and women. However, like domestic abuse, sexual harassment is gendered: disproportionately perpetrated by men and disproportionately affecting women. Sexual harassment is part of a continuum with other forms of abuse, with pervasive unhealthy workplace cultures often highlighting broader issues of gender inequality and sexism.

On 26 October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into law, to strengthen and build upon the protections of workers outlined in the Equality Act 2010. The amendment to the 2010 Act (which sought to “reform and harmonise equality law”) details the anticipatory duty of employers and their legal obligation to take reasonable steps to prevent sexual harassment of employees. The Worker Protection Act 2023 places a preventative duty of care on employers that did not previously exist. Now, employers must take reasonable steps to stop sexual harassment from occurring in the first place, as opposed a reactionary approach to inappropriate conduct in the workplace.

Sexual harassment is defined in the Equality Act 2010 as “unwanted conduct of a sexual nature” that has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The Equality and Human Rights Commission (EHRC), Britain’s independent equality and human rights regulator, recently published updated technical guidance for employers, taking into account the changes to the law introduced in the Worker Protection Act 2023 (add link here). There is no one-size-fits-all solution and policies should be tailored to the organisation based on risk assessments. It’s important to assess company culture and power dynamics and to ensure workers at every level of the organisation are well-informed of the policies in place and the support available to them.

Employers should:

  • consider the risks of sexual harassment occurring – review specific risks to your workplace such as power imbalances between staff, lone working, work related social events etc. 

  • consider what steps you can take to reduce those risks and prevent sexual harassment of your workers – for example ensuring robust polices in place and by providing training to all employees.

  • consider which of those steps it would be reasonable for it to take and implement them.

Rates of domestic abuse are at a global high which is considered both a human rights and a public health issue. Likewise, reports of sexual assault are at a record high, with partners or former partners most likely to be the perpetrators. Your organisation may employ the person experiencing abuse, the person causing the abuse, or both. DAWS would urge all employers to recognise the potential link between workplace sexual harassment and domestic abuse perpetration as both behaviours stem from underlying power dynamics and disregard for consent, making them indicative of a broader pattern of abusive behaviour. Addressing workplace sexual harassment may also highlight potential domestic abuse, offering an opportunity for early intervention and support for both the survivor/victim and the person causing the harm. All employers are advised to implement comprehensive policies and offer robust training programmes that address both issues, support affected employees and, ultimately, foster a culture of respect both in and out of the workplace.

Written by DAWS guest writer, Suki Newell.

Thursday 9th January 2025

Domestic Abuse (Safe Leave) Bill proposes paid leave for domestic abuse victims and survivors

“Domestic abuse is a national emergency” declared Gloucester MP Alex McIntyre as he introduced the Domestic Abuse (Safe Leave) Bill in the House of Commons earlier this month on Tuesday 7th January. The Bill proposes an entitlement to paid safe leave for victims of domestic abuse. In an impassioned motion to the House, McIntyre emphasised that anyone can experience domestic abuse, which is a burgeoning problem throughout this country.

1 in 5 adults will experience domestic abuse in their lifetime. Women are more likely to encounter domestic abuse; for every three victims of domestic abuse, two are female and one is male. Despite the alarming number of domestic abuse related calls to police in the UK – one call every 30 seconds – domestic abuse remains chronically under-reported, with an estimated less than 24% of cases being reported to police. Domestic abuse is not a private matter, it’s a public issue that requires a societal response.

Although the terms domestic abuse and domestic violence are often used interchangeably, domestic abuse encompasses a wider range of abusive behaviours. Domestic abuse can be a single incident or repeated behaviour consisting of any of the following:

  • physical or sexual abuse

  • violent or threatening behaviour

  • controlling or coercive behaviour

  • economic abuse

  • psychological or emotional abuse

Domestic abuse doesn’t stay at home, it permeates every part of life—including the workplace. Your workplace may employ a person experiencing domestic abuse, a person perpetrating abusive behaviour or both. An individual experiencing domestic abuse may need time off for a variety of reasons, but this may include dealing with health or housing issues, obtaining legal advice, counselling etc. but frequent sick or unpaid leave ,may jeopardise their job security and financial stability. If it passes, The Domestic Abuse (Safe Leave) Bill would entitle victims of domestic abuse to ten days of paid safe leave for connected purposes, such as safety planning, relocating, or attending court proceedings. This leave would provide victims and survivors of domestic abuse much-needed time to access services and seek safety, without losing wages or incurring further financial burden.

A recent report by Women’s Aid found that it can cost victims and survivors of domestic abuse upwards of £50,000 to leave an abuser. Where the psychological costs of fleeing are often insurmountable. DAWS Domestic Abuse Workplace Solutions would urge your organisations to be at the forefront of change and implement paid safe leave with employees as part of your wider response to address workplace domestic abuse abuse. Creating a supportive workplace culture for those experiencing abuse can raise awareness about domestic abuse and encourage a culture of zero tolerance leading to increased reporting and intervention. Changing workplace culture can be a difficult task, but training can raise awareness, validate and support victims and survivors, and offer a safe space to encourage those using harmful behaviour to understand and address their behaviour.

Written by DAWS guest writer, Suki Newell.

Friday 24th January 2025

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