The Context:
Sexual harassment in the creative sector

Many of you may have read Zoe Scaman's article on the misogyny and sexual harassment which women in the advertising industry face on a daily basis.

If you have not read it, it is an importantly jarring reminder of unacceptable and often hidden behaviours that are too common in a huge industry sector.

Every single woman has a story from their time in the industry. — Zoe Scaman

NABS research shows that 34% of female respondents in their 2018 study had been harassed whilst working in the industry, and 83% did not officially report their experiences.

These are the numbers from people who are willing to say it happened. In reality, the numbers are likely higher.

Lockdown may have improved things for a short period, as being physically away from offenders can help. TimeTo research carried out in 2020 shows that 49% are concerned that sexual harassment will be a bigger issue once we return to offices, "with fear of 'pent up' feelings being released when we are together in person".

These behaviours have a very direct impact on the mental health of those they are targeted at, as well as those around them, with lasting impacts way beyond the offence in the moment.

They can change the course of someone's career, their behaviours, their confidence, and their ability to thrive.

Everyone has the right to work without discrimination or abuse, yet so many have this right taken away daily.

But what if you're not an employee?

The self-employed community is not immune to this experience in any way.

Abuse of freelancers could be even more hidden from sight if an individual does not feel they have the right to speak to someone about those behaviours when not employed, and feel like they do not have anyone they can talk to about it.

No matter your employment contract, you have the right to work without harassment, abuse and discrimination. You are not alone, and there are organisations here to support you if you have experienced this. Reaching out for help is not wasting anyone's time.

We have created this resource with two parts: where you can get support as a member of the self-employed community if you have been affected by sexual harassment at work; and what your rights are under law as a worker.

We have put it in that order on purpose: support first, then your rights.

Get support

The most important first step is to not deal with sexual abuse, harassment or bullying on your own. What can be a hugely traumatic experience is magnified when you are dealing with it alone.

Speak to someone in confidence: trained professionals who are there to listen, who understand the experience, and can offer you support.

If you are in the advertising industry

We would suggest first speaking to NABS. They are the industry's charity supporting anyone working in advertising and media, including the self-employed and client-side roles. Their phoneline provides confidential support and advice.

NABS: 0800 707 6607
Confidential and free. 9am to 5.30pm, or email support@nabs.org.uk

Our advisors will provide an empathic listening ear, focussing on how the caller has been impacted and how they are feeling. We will share impartial guidance on their options for addressing the sexual harassment, as well as act as a sounding board to help them consider their next steps. — Debra Douglas, Senior Support Advisor, NABS

timeTo additionally have a wide range of support resources, and are actively working with the industry to make a difference.

If you are in any other industry

Depending on your industry, you may also have a union who represents and supports you as a freelance or self-employed worker, such as BECTU in film and TV, NUJ for journalism, or general unions like Community.

We have a list of industry bodies here.

If you work in film and TV, the Film & TV Charity Support Line offers free, confidential support for people in the sector, including freelancers.

You can also speak to:

Samaritans: 116 123
Free to call any time in confidence, 24/7

Whilst the issue disproportionately affects women, men are not immune. 5% of men in the NABS research said they had been sexually harassed. Both NABS and Samaritans are open to anyone who needs support, regardless of gender.

If you or someone else is in immediate danger

• Call 999 if you or someone else is in immediate danger
• Call 101 if it is not an emergency

To report a crime online, visit Police.uk. When you are reporting a crime, you can ask to speak to a specialist officer who is trained to deal with sexual violence.

Take action

Once you have ensured you have support for the experience, speaking up and taking action might be something you want to explore. You have rights under law.

The timeTo campaign has an excellent downloadable guide which includes actions to take if you have been sexually harassed. It is worth reading regardless of whether you have experienced harassment, so you are better prepared should something happen. Download the guide and check page 7.

You have rights as a worker under UK law, even if you are not an employee. Sexual harassment falls under the Equality Act 2010 and could be treated as discrimination, which provides a right to legal action against the offender.

Employers can be responsible too. This is called vicarious liability. By law, they must do everything they reasonably can to protect people from sexual harassment. This covers employees and workers, contractors and self-employed people hired to personally do the work, and job applicants.

There are variations depending on whether you are self-employed (for example sole trader, working directly) versus working via an agency or as a limited company owner or employee, and some gaps in protection. It is complicated, but support groups can help you navigate the law and your rights.

The best resource we have found so far is Rights of Women, a charity helping women understand their rights in law and how best to take action. Their sexual harassment at work advice line gives free legal advice to women in England and Wales experiencing sexual harassment at work:

Rights of Women Sexual Harassment Advice Line: 020 7490 0152
Mondays, Tuesdays and Wednesdays: 3pm to 5pm and 6pm to 8pm. Please note the advice line is closed on bank holidays.

ACAS (The Advisory, Conciliation and Arbitration Service) is a public and independent body funded by government, with additional resources on what sexual harassment is and how you can report and act upon it. You can also call their helpline for advice on what action you might be able to take:

ACAS Helpline: 0300 123 1100
Open Monday to Friday, 8am to 6pm.

Citizens Advice also have resources which can help with recommendations on how to take action on their website.

Keeping this updated

As with everything we do, our first action is to signpost to what we are aware of, and develop and improve upon the resource over time as we discover more and understand how better to signpost and support our community.

We will be working with specialist groups to develop this resource for both support channels and routes for action, as well as signposting to sector-specific resources as we discover them. This is not solely an issue in the advertising industry.