Don’t just put up or shut up Kathryn Mackridge, Policy officer Tuesday 11th Dec 2018

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What is third-party harassment? “Third party” refers to someone who you interact with as part of your job but who is not employed by the same employer as you. “Harassment” is when a person or people’s behaviour is meant to, or has the effect of, either violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

How widespread is third-party harassment? Limited research into harassment at work, and even less on third- party harassment Previous TUC research into harassment at work showed that third-parties were perpetrators Over 265 assaults a day on retail workers in 2017 “(I) have been physically assaulted twice, am consistently threatened with violence and threats of violence against my family.” “ A few months ago a man was on the wrong train and he was drunk. I had to get involved as he was smoking on the train and refused to get off. He said to me: “What are you doing here? You are a black bastard.” Under reported – difficult to capture and quantify unless workers report it A wide scale European study in 2014 found that an estimated 83 million to 102 million women (45 per cent to 55 per cent of women) in the EU-28 have experienced sexual harassment since the age of 15. One third of these were known in a work context – but not distinguishing colleagues vs customer. Still Just a Bit of Banter? (2016). Polling and survey – familiar, figures used in #metoo. Over half of all women polled experienced sexual harassment at work, and up to a shocking two thirds of 18 to 24 year olds! 7 per cent reported to experience sexual harassment from customer, client, patient. The Cost of Being Out at Work (2016) – 15 per cent of Lesbian, Gay, Bisexual and Transgender respondents to a survey about workplace harassment said the perpetrators were third party, including pupils in schools Is Racism Real? (2017) – 24 per cent of respondents who had experienced verbal racist abuse said it was from a customer, a client or a patient. TUC reports with breakdowns are available on TUC website under “equality” section.

Young workers and harassment “Not a day goes by when I’m not called names by old men, usually 'baby' or 'pretty' etc, little do they know I am underage, and it is extremely uncomfortable.” Not just an issue for young workers – but a significant one Young workers overrepresented in insecure work, public-facing roles and low paid jobs Over two thirds of 21 to 30 year olds are in caring, sales and elementary roles Rude and abusive customers second biggest issue Feelings of futility and that nothing can change Experiences of 21 to 30 year olds on low to median incomes – ongoing research Some described the challenges of dealing with “rude”, “angry” or “verbally abusive” customers: rude customers were frequently named as the worst problem at work Insecurity and type of tenure is significant – evidenced in the reports on sexual harassment and racism at work. (Stats on YW and insecurity) And low pay can mean you put up with the harassment – if you can’t afford to leave the job and therefore the situation (significant amount cited in SH report) Shifts in the labour market – retail sector is number one employer for 21 to 30 year olds. Last 20 years has seen huge rise of 21 to 30 year olds in education, health and social care, hospitality, compared to other age groups. Decline in manufacturing and rise in service sector. As we know, harassment – whether it’s against a protected characteristic or “general” – is about power. If you are on low pay, a ZHC and know that if you complain its easier for the employer to give someone else your job, then you feel powerless to change it.

“Not part of the job” – November 2018 “I have been spat at, shouted at and pushed by customers on different occasions while lone working. This has happened several times over the last year.” 1411 18-34 year olds polled 408 responses to survey 80 per cent retail workers 90 per cent trade union members Only 10 per cent reported incident or incidents to their union “[I am] called slow, incompetent, stupid because I cannot do things as quickly as others due to [my] disability, and also [the] restrictions from systems and processes.”

What does third-party harassment look like? “An elderly male photographed me as I was working, which involves me bending over at times. A man wolf whistled at me and told me he loved to see a woman on her knees as I was stocking a bottom shelf.” Most common form is verbal abuse Sexual harassment Bullying Physical assault or violence Stalking Alcohol and lone working “Customers sexually harassing staff members and myself whilst drunk. It also occurs when they are sober. It happens every time I work. My managers think it’s funny.”

Frequency of harassment “[I am] constantly being sworn at by customers for no reason, also being called racial slurs…. I’ve witnessed people being hit.” High volume of harassment, abuse and violence “One-off” incidences, occurring constantly Repeat perpetrator/s “Customer groped me. Customers on multiple occasions made suggestive innuendo about my body. Customer threatened to attack me. Customer stalked me for over a year.”

Experiences of reporting third-party harassment Fewer than half of young workers reported the last incident Two thirds that we surveyed have reported at least one incident Only ten percent reported it to their union rep Some good examples  of employer action in the survey responses “Me and other staff members reported him to multiple managers over the year (or possibly longer), nothing was done as he was a “regular customer”.” “Managers didn’t seem to care. A lot of them laugh it off because they see it as a joke. Within 2 years, I’ve lost count of how many times I’ve been harassed.”

Why people did not report third-party harassment Individual employer attitudes Acceptance that it is “part of the job” Feelings of futility and that nothing can be done Feelings that they are to blame or won’t be believed “I didn't go to my boss [senior manager] as previous experiences… [showed me that he believed] the harassment was overexaggerated… he made previous remarks that he doesn’t believe in sexual harassment.” “There is no point, “the customer is always right” and it would be seen as “exacerbating things”.”

Impact on young workers Safety and dignity Frustration and anger Loss of confidence Stress and mental health Negative attitude work and employer “Harassment from customers has been a contributing factor to my depression and anxiety so much so that I've considered quitting my job.” “Lost confidence in myself... I lived in constant fear as I didn't know when it could get worse”

What can the government do? Strengthen legislation to tackle third-party harassment Give statutory employment rights to workers Strengthen the role of enforcement bodies “[I felt] irritated, angry and insecure because there isn't that much I can do about it.”

What can employers do? Strengthen harassment prevention policies Adopt a zero-tolerance approach to all forms of harassment, abuse and violence Provide comprehensive training for all managers and supervisors to ensure proper support for staff Work in partnership with unions to agree policies, procedures and training “The employer did nothing. It left me frustrated and unhappy, I was good at my job and deserved better than them ignoring the issue.”

What can trade unions do? Workplace campaigns and organising Negotiate robust workplace policies Training for reps “When you are paid the bare minimum and given so much responsibility to protect your staff it becomes impossible to protect yourself.”

Further resources “Not part of the job” Young workers’ experiences of third-party harassment: polling and survey findings Tackling sexual harassment in the workplace - A TUC guide for trade union activists Bullying, violence and harassment: guide for reps Protection from sexual harassment: Know Your Rights Sexual harassment: TUC E-note for reps Reporting work-related violence The Great Jobs Agenda - dignity and respect

Next webinar January 2019 TBC Keep up to date and view all of our previous webinars on the TUC website. Our next webinar will be in January 2019. Look out for an email in the new year and watch all of our previous webinars on the TUC website.