The Government has rejected recommendations to help protect women
in the music industry from harassment and discrimination despite
unequivocal backing from the creative industries watchdog CIISA
and a myriad of female voices speaking out across the
sector.
In its response to WEC's landmark January report on ‘Misogyny in
Music', the Government said it is “clear that everyone should be
able to work in the music industry without being subject to
misogyny and discrimination”.
However, it stopped short of accepting the cross-party
Committee's wide-ranging recommendations to transform industry
protections, despite WEC's warning women pursuing careers in
music face “endemic” misogyny and discrimination in a sector
dominated by self-employment and gendered power imbalances.
WEC had called on ministers to take legislative steps to amend
the Equality Act to ensure freelance workers have the same
protections from discrimination as employees and bring into force
section 14 to improve protections for people facing
intersectional inequality.
It also recommended the Government should legislate to impose a
duty on employers to protect workers from sexual harassment by
third parties, a proposal the Government initially supported and
then rejected last year. The Government also failed to give
assurances that it would extend the time limit for bringing
Equality Act-based claims to an employment tribunal from three to
six months as recommended by the Committee.
On non-disclosure agreements (NDAs), the report cited distressing
testimonies of victims “threatened into silence”, with WEC urging
ministers to prohibit the use of non-disclosure and other forms
of confidentiality agreements in cases involving sexual abuse,
sexual harassment or sexual misconduct, bullying or harassment,
and discrimination relating to a protected characteristic. The
Government plans to bring in such measures in higher education
but did not support the Committee's recommendation to do so for
music or other sectors despite the compelling evidence presented
by the Committee.
Responding, the Government said the Committee's inquiry “has been
important in voicing concerns from across the music industry and
for championing equality” adding: “The Government maintains that
everyone should be able to work without being subject to misogyny
and discrimination.”
But it said it had “no plans to implement the dual discrimination
provision in the Equality Act 2010 at this time”, adding “there
could be unintended consequences” from a retrospective moratorium
on non-disclosure agreements.
On CIISA, it said: “The Creative Industries Independent Standards
Authority has arisen from a clear need to address concerns and
set standards so there is clarity around expectations and a
single point of accountability for where creative industry
professionals can go when these standards are not met…
“The Government will continue to engage constructively with the
Creative Industries Independent Standards Authority as it
develops its proposals. Should the Authority identify any legal
barriers that may impact its service delivery, the Government is
willing to discuss this.”
Chair of the Women and Equalities Committee, Rt Hon
Caroline Nokes MP said: “The Committee's report
laid bare a “boys' club” where sexual harassment and abuse is
common and where ‘endemic' misogyny has persisted for far too
long.
“Following its shocking findings, women across the music
industry have spoken out in the clearest possible terms about the
need for transformative change. Improving protections
and reporting mechanisms through necessary legislative and
structural reforms are essential steps to achieving
that.
“Ministers are letting women down with their feet dragging
over NDAs. We have had platitudes and reassurance, but still no
action despite evidence that the use of NDAs is rife, in far too
many sectors, and they are being used to protect perpetrators and
silence victims.
“It is welcome that the Creative Industries Independent
Standards Authority (CIISA) supports the recommendations
made in the report and the Office for Students (OfS) is
consulting on new regulatory requirements to tackle
sexual misconduct in higher
education.
“WEC is calling on the Government to re-think its stance,
equip CIISA with the powers required to drive the changes needed
or risk falling short over the action needed to protect women in
the music industry from harassment and discrimination.”
