How Do We Report Specific Issues of Online Harassment, Racism, Homophobia, and Other Hate Speech?
What is this advice about?
Our research shows that heritage boards struggle with how to handle specific issues such as online harassment and racism.
This advice is designed to give you guidance on how to report specific issues and who to report them to.
For more advice in this series, see the 'Inclusive governance boards and diverse trustees' section of the Inclusive Heritage Advice Hub.
What are the key points?
- There are legal protections against harassment and bullying that your organisation should be familiar with
- You should have strong policies that detail the procedures to follow in the eventuality of harassment and who is responsible for this process
- The board of an organisation has duty of care responsibilities for its staff
- Expert advice should be sought in the event of any incidents, and organisations should identify in advance where they would procure such advice
How can our organisation's policies and procedures work to address this?
The Equality Act 2010 protects people from discrimination in the workplace and wider society on the basis of their protected characteristics (listed below). It works to streamline earlier legislation that covered discrimination, including the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995.
How often does your board review and update its policies and procedures?
Check that your policies are current. For example, they should reference the Equality Act 2010 rather than older pieces of legislation. Key policies such as your equality policy should be reviewed at least once a year.
It is against the law to discriminate against someone because of the following 9 protected characteristics:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Reporting an issue
If a member of your team makes a complaint, they can:
- Do this directly to the person concerned or to the organisation
- Request mediation or alternative dispute resolution
- In worst-case scenarios, make a claim in a court or tribunal
Organisations in receipt of public funds such as local authority grants or Arts Council England funding must also comply with the Public Sector Equality Duty (PSED) 2011.
PSED is a legal requirement for public authorities and organisations carrying out public functions. It includes organisations carrying out public functions that are private businesses or volunteer organisations contracted to work on behalf of public authorities.
PSED sets out additional responsibilities related to:
- Fostering good relations between people who share a relevant protected characteristic and people who do not share it
- Eliminating discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010
- Ensuring equality of opportunity between people who share a relevant protected characteristic and people who do not share it
Also, note that the duties cannot be delegated (meaning duties that pass up and down the supply chain). Board members have a duty of care to staff and are responsible for safeguarding the reputation of the organisation and the people who work within it. Read more information and guidance on the Equality Act 2010.
Areas for consideration here are:
- Your organisation’s internal and external policies
- Inclusive decision-making
- Procurement
- Service provision
- Human resources (staff recruitment, reviews and development, and volunteer management)
In addition to the responsibility to comply with relevant legislation such as the Equality Act 2010 and safeguarding for young people and vulnerable adults, boards have duties of care (statutory and common) to ensure the safety of employees, volunteers and beneficiaries.
Also consider how you will protect and make adjustments for groups with characteristics not protected by the law who experience additional barriers and discrimination (for example, through unstable living conditions, immigration status, or precarious employment).
Below, we provide guidance on what to do when things don’t go as planned.
What are some standard charity policies and procedures relating to this?
Policies provide the framework for you as an employer to take appropriate action. Organisations should first engage directly with the complainant through management or human resources representation (internal or external) and make a mutual decision as to whether mediation or alternative dispute resolution would be a suitable course of action. Policies can help you make and communicate these decisions.
Other relevant policies that trustees need to be familiar with to ensure compliance include safeguarding and health and safety policies, data protection policies, codes of conduct, and so on. Can trustees readily access these documents when needed (in a password-protected folder, for example)?
Having a nominated person on the board for issues such as crisis management, safeguarding, or equality is useful, especially when it concerns events that happen outside of typical working hours. Where possible, offer these leads specific training.
A crisis management policy that sets out the details of the most senior staff member and the nominated trustee, with steps to follow and shared with everyone in the organisation, means that if a crisis does hit, there’s a clear procedure to follow. Consider how these procedures feed into internal and external communications.
Getting expert advice
Take human resources and legal advice where required. Your board can seek advice from the Advisory, Conciliation and Arbitration Service (ACAS), which aims to improve organisations and working life through better employment relations.
Your organisation may have access to a legal helpline through its insurance provider, or you may wish to pay for expert advice, depending on the situation.
Also of interest
