Recommendations & Conclusions
33 items
2
Recommendation
2nd Report - Misogyny in music
Accepted
Music colleges, conservatoires and other educational settings need to do more to address the gendering of instruments, roles and genres and improve the visibility of and support for female role models. The Government and industry bodies should offer increased, funded and targeted opportunities for women and girls to study subjects …
Government response. The government highlights existing legal protections under the Equality Act and Public Sector Equality Duty, alongside improved gender balance in music higher education. It refers to the National Plan for Music Education and initiatives like Music Hubs' Participation and Inclusion …
Government Equalities Office
3
Conclusion
2nd Report - Misogyny in music
Acknowledged
Women have significant additional barriers to pass to get a foothold in the music industry and must navigate acts of passive aggression, ridicule, and misogyny to have a sustainable career. Female artists are routinely undervalued and undermined, endure a focus on their physical appearance in a way that men are …
Government response. The government fully supports the report's conclusions on misogyny, discrimination, and abuse in the music industry, recognising that more needs to be done and endorsing CIISA as a key initiative.
Government Equalities Office
4
Recommendation
2nd Report - Misogyny in music
Rejected
Section 14 of the Equality Act 2010 which provides protection from discrimination on the basis of a combination of two relevant protected characteristics presents a limited understanding of how overlapping characteristics are used to discriminate against individuals and prevent the most vulnerable from bringing harassment claims based on their actual …
Government response. The government rejects the recommendation to bring section 14 of the Equality Act into force, stating it is unnecessary as courts already allow multiple claims and robust protections exist.
Government Equalities Office
5
Recommendation
2nd Report - Misogyny in music
Accepted
Although female representation in the music industry is improving, particularly at senior levels, progress is not uniform and gender imbalance remains entrenched in certain areas. The music industry and government should increase investment in diverse talent and make more funding available to the schemes that support it. Pathways to careers …
Government response. The government refers to existing legal frameworks, improved gender balance in music higher education, and ongoing work by government-funded Music Hubs under the National Plan for Music Education. It notes that Music Hubs will have a Participation and Inclusion Strategy …
Government Equalities Office
6
Recommendation
2nd Report - Misogyny in music
Acknowledged
To allow progress to be monitored, record labels should commit to regular publication of statistics on the diversity of their creative rosters. All organisations with more than 100 employees should be required to publish data on the diversity of their workforce and gender and ethnicity pay gaps. (Recommendation, Paragraph 43)
Government response. The government states it supports the recommendation for record labels and organisations to publish diversity data but provides no specific commitment to implement the suggested requirements.
Government Equalities Office
7
Recommendation
2nd Report - Misogyny in music
Accepted
Organisations in the music industry should provide mandatory equality, diversity and inclusion training. These steps are required because misogynistic and discriminatory behaviours remain entrenched despite increased representation. (Recommendation, Paragraph 44) Legislative and other related changes
Government response. The government states it will provide professional training aligned with its Standards, which will play a role in dismantling the prevalence of such behaviours.
Government Equalities Office
8
Conclusion
2nd Report - Misogyny in music
Accepted
Having children should not be a barrier to a career in the music industry, yet the evidence we have seen suggests otherwise. While large employers are taking welcome steps to support parents with childcare responsibilities, the industry as a whole needs to reflect on how it can better support parents …
Government response. The government details existing statutory parental leave and pay entitlements for employed parents and other financial support schemes, but states there are no current plans to introduce parental leave or pay entitlements for self-employed fathers or partners.
Government Equalities Office
9
Recommendation
2nd Report - Misogyny in music
Rejected
Reform of parental leave for freelancers is overdue. The current system places the burden of childcare onto the mother and offers no financial support for self-employed fathers or same-sex partners wanting to share childcare responsibilities. The Government should bring forward legislation to allow self-employed mothers and fathers to share parental …
Government response. The government rejects the recommendation to introduce legislation allowing self-employed parents to share parental leave and pay, stating there are no current plans to introduce such entitlements for self-employed fathers or partners. It clarifies existing support for employed parents and …
Government Equalities Office
10
Conclusion
2nd Report - Misogyny in music
Deferred
Freelance workers in the music industry are more likely to be discriminated against yet in many cases do not have the same level of protections under equalities legislation as those subject to more formal working relations. The Government recognises this, as it does the benefits of extending the time limit …
Government response. The government deflected by highlighting the industry-led Creative Industries Independent Standards Authority (CIISA) as the mechanism for establishing safe and inclusive workplaces, rather than committing to the recommended legislative changes for freelance workers' protections and extended tribunal time limits.
Government Equalities Office
11
Recommendation
2nd Report - Misogyny in music
Rejected
The Government should bring forward legislative proposals to extend the protections relating to discrimination and harassment in the Equality Act 2010 to include all freelancers. Limitation periods for Equality Act-based discrimination and sexual harassment claims should be extended to six months. In the meantime, the Government should set out clearly—in …
Government response. The government rejects the recommendation to extend Equality Act protections to all freelancers, stating there are no current plans to change or extend the Act in this area. It clarifies which freelancers are currently covered and acknowledges it is 'looking …
Government Equalities Office
12
Recommendation
2nd Report - Misogyny in music
Deferred
We support the Office for Students’ proposed new condition of registration aimed at protecting students from harassment and sexual misconduct. Its effectiveness will depend, in part, on students and staff feeling both able to recognise and report misconduct and that any complaints will be taken seriously. OfS guidance should stipulate …
Government response. The government welcomes the Office for Students' proposed new registration condition and national survey, stating it looks forward to the outcomes of the public consultation and pilot survey, which will form the foundation for all future work on this issue.
Government Equalities Office
13
Recommendation
2nd Report - Misogyny in music
Deferred
The OfS should also require educational settings to ensure that all staff, permanent, temporary and those visiting, are aware of policies around abuse and harassment, including the consequences of inappropriate behaviour. People invited to teach students should undergo background and reference checks and be in no doubt of expectations with …
Government response. The Department for Education welcomes the recommendation but states that it is a matter for the Office for Students.
Government Equalities Office
14
Recommendation
2nd Report - Misogyny in music
Accepted
Too often in the past, institutions have put protecting their reputations ahead of a duty of care for their students. The OfS’s proposals for potential loss of funding and/or accreditation should help challenge that mindset. We urge the OfS to implement the new condition as swiftly as possible and to …
Government response. The government confirms that the Office for Students' proposed ban on non-disclosure agreements in sexual misconduct cases is consistent with the Higher Education (Freedom of Speech) Act 2023, which includes such a ban and takes effect on 1 August 2024.
Government Equalities Office
15
Recommendation
2nd Report - Misogyny in music
Rejected
A recording studio should be a safe space for all those who work there. Frequently this is not the case, and commercial self-interest is prioritised over personal safety. We recommend that all commercial recording studios should be licensed. That licensing process should include a sexual harassment risk assessment to ensure …
Government response. The government rejects the recommendation to introduce new licensing requirements for commercial recording studios, stating it has no plans to do so. It welcomes the industry-led Creative Industries Independent Standards Authority as an alternative to ensure safe workplaces.
Government Equalities Office
16
Recommendation
2nd Report - Misogyny in music
Rejected
The Government’s weakening of the Worker Protection Act 2023 has let down women already vulnerable to sexual abuse and harassment in insecure work settings. While we welcome the duty on employers to take ‘reasonable steps’ to protect their employees from sexual harassment, without third-party harassment liabilities, it will be harder …
Government response. The government rejects the call to reintroduce employer liability for third-party harassment, stating it has no current plans to do so. It highlights the Worker Protection (Amendment of Equality Act 2010) Act 2023, which introduces a duty on employers to …
Government Equalities Office
17
Recommendation
2nd Report - Misogyny in music
Accepted in Part
The Equality Act 2010 should be broadened to impose a duty on employers to be proactive, rather than simply reactive, in protecting workers from third party sexual harassment and for a statutory code of practice to support them in doing this. A statutory duty would create a clear and enforceable …
Government response. The government supported the Worker Protection Act 2023, which introduces a duty on employers to take reasonable steps to prevent sexual harassment from October 2024 and allows for a 25% uplift in compensation. However, it explicitly states there are no …
Government Equalities Office
18
Recommendation
2nd Report - Misogyny in music
Accepted
Guidance for employers and employees, including freelancers, on the new duty to protect from sexual harassment, should set out how employers should prevent and manage sexual harassment coming from third parties in the absence of legal protection, including how all parties can report it, regardless of employment status. (Recommendation, Paragraph …
Government response. The government accepts the need for guidance, stating existing EHRC guidance already covers employer expectations regarding third-party harassment. Updated EHRC guidance and an updated Employment Statutory Code of Practice are anticipated in late 2024 to further support employers with the …
Government Equalities Office
19
Recommendation
2nd Report - Misogyny in music
Rejected
Public funding and licensing of music venues should be made conditional on those premises taking steps to tackle gender bias, sexual harassment and abuse. This should include the training of venue staff by accredited organisations that work in the sector. The Government should review international examples, such as the measures …
Government response. The government rejects making public funding and licensing conditional on music venues tackling sexual harassment, stating it is up to individual businesses to decide on staff training. They encourage venues to partner with specialist organizations and highlight existing guidance for …
Government Equalities Office
20
Recommendation
2nd Report - Misogyny in music
Accepted
Security Industry Authority accreditation for security staff to work at live music venues should include training on dealing with discrimination, sexual harassment and abuse. That training should be survivor-led and provided by accredited organisations dedicated to improving safety for women. (Recommendation, Paragraph 98) 62
Government response. The government states that the Security Industry Authority's mandatory training for Door Supervisors already includes content on keeping vulnerable people safe, identifying predatory behaviours, and dealing with allegations of sexual assault, thereby addressing the recommendation for such training.
Government Equalities Office
21
Recommendation
2nd Report - Misogyny in music
Accepted
Expecting women to change in front their male peers or in their car, or to share rooms or beds with male colleagues while on tour, is unacceptable and raises safety concerns. The music industry needs to improve its facilitation of mixed groups. As a minimum, venues that host live music …
Government response. The government supports the recommendation and states that CIISA's Standards will be reinforced to ensure venues hosting live music provide adequate, separate dressing room facilities for women and gender nonconforming musicians.
Government Equalities Office
22
Conclusion
2nd Report - Misogyny in music
Accepted
Sexual harassment and abuse in the music industry remains widespread. Aggressors act with impunity while victims who report actions against them very often face further harm by doing so. It is disappointing but not surprising, that non-reporting is high. Organisations should not assume a low incidence of reported cases means …
Government response. The government acknowledges the widespread issue of sexual harassment and highlights the Worker Protection (Amendment of Equality Act 2010) Act 2023, which will introduce a duty on employers to take reasonable steps to prevent sexual harassment from October 2024, including …
Government Equalities Office
23
Conclusion
2nd Report - Misogyny in music
Accepted
Awareness of what constitutes inappropriate behaviour and discrimination needs to be improved and reporting pathways made clear. A reporting structure needs to be available to everyone working in the industry, not just those who have access to HR departments, which we heard were at best ineffective and at worst damaged …
Government response. The government highlights the Equality and Human Rights Commission's existing guidance and investigative powers, and commits to publishing updated guidance for employers and an updated Employment Statutory Code of Practice by late 2024.
Government Equalities Office
24
Recommendation
2nd Report - Misogyny in music
Deferred
We support the creation of the Creative Industries Independent Standards Authority (CIISA). It will help to shine a light on unacceptable behaviour in the music industry and in doing so, may reduce the risk of further harm. Crucially, it will be a single, recognisable body anyone in the industry can …
Government response. The government redirects the specific recommendations for CIISA, such as advising legal rights and implementing robust safeguarding, to CIISA itself, stating these are matters for the Authority to consider. It also details the Solicitors Regulation Authority's guidance on NDAs.
Government Equalities Office
25
Recommendation
2nd Report - Misogyny in music
Acknowledged
We are concerned that legislative barriers may prevent CIISA from operating effectively. We call on the Government to discuss with CIISA the potential impact of GDPR requirements on its work and to take the steps required, including any legislative changes, to allow CIISA to properly discharge its functions. (Recommendation, Paragraph …
Government response. The government acknowledges the concern about legislative barriers and GDPR, noting that CIISA has written to them to discuss the matter and potential mitigations.
Government Equalities Office
26
Recommendation
2nd Report - Misogyny in music
Accepted
The establishment of CIISA is an opportunity to educate the music industry on the rights of self-employed workers and the responsibilities of those hiring them. It can become a hub of expertise. Earlier in this report we set out how training should be part of the licensing conditions for live …
Government response. The government states that CIISA will look to set standards and provide training on tackling and preventing sexual harassment, sexual violence, misogyny, and bias across the creative industries.
Government Equalities Office
27
Recommendation
2nd Report - Misogyny in music
Accepted
CIISA has committed to producing an annual report. That report should include an overview on the state of the music industry with respect to levels of discrimination, harassment and abuse and diversity. Reported data should be broken down by protected characteristic. The report should include relevant findings on the adequacy …
Government response. The government confirms CIISA will publish an annual report with aggregated data broken down by protected characteristic. CIISA will also name organisations with evidence-based systemic concerns and publish non-compliance with recommendations.
Government Equalities Office
28
Conclusion
2nd Report - Misogyny in music
Rejected
CIISA is not a panacea for all of the problems of discrimination, harassment and abuse in the industry. It is not a statutory body. Reforms to the Equality Act 2010 remain essential in order for freelance workers to be adequately protected from discrimination. Ultimately, CIISA’s effectiveness will be judged on …
Government response. The government recognises freelancers but states there are no plans to change or extend the Equality Act 2010 for them at present, explaining that many freelancers are already covered. It is, however, looking into extending the time limit for bringing …
Government Equalities Office
29
Recommendation
2nd Report - Misogyny in music
Accepted
Managers have a very important role in supporting artists’ careers but incidents of exploitation show that protections are required. CIISA should work with the Music Managers Forum to develop and oversee a mandatory accreditation programme for managers in the music industry. The licensing of football agents is one example of …
Government response. The government states CIISA will actively look to provide suitable accreditation programmes and work closely with the Music Managers Forum to address this recommendation.
Government Equalities Office
30
Recommendation
2nd Report - Misogyny in music
Accepted
The Government should urgently bring forward legislative proposals to prohibit the use of non-disclosure and other forms of confidentiality agreements in cases involving (a) sexual abuse, sexual harassment or sexual misconduct; (b) bullying or harassment not falling within (a) and (c) discrimination relating to a protected characteristic. We are encouraged …
Government response. The government strongly supports the recommendation to prohibit the misuse of non-disclosure agreements to silence victims and cover up harmful behaviours in cases of sexual abuse, harassment, misconduct, bullying, or discrimination.
Government Equalities Office
31
Recommendation
2nd Report - Misogyny in music
Acknowledged
We have heard distressing evidence on the effects on the mental health of people silenced by a non-disclosure agreement. The Government should consider the potential merits of a retrospective moratorium on NDAs for those that have signed them relating to the issues we have outlined, with an assurance that they …
Government response. The government supports the recommendation to ensure individuals can freely discuss their experiences without fear of NDAs, which they believe will help build a clearer picture of industry issues.
Government Equalities Office
32
Recommendation
2nd Report - Misogyny in music
Accepted in Part
Until the law is changed banning the misuse of NDAs, anyone being asked to sign an NDA should have an automatic right to seek advice from qualified lawyers at CIISA. No individual should be provided with legal advice by a law firm also acting for the other party. (Recommendation, Paragraph …
Government response. The government supports the report's conclusions on NDA misuse but states CIISA cannot provide specific legal advice due to conflict of interest. Instead, CIISA will ensure individuals get access to expert, independent support and advice from other sources.
Government Equalities Office
33
Recommendation
2nd Report - Misogyny in music
Accepted
CIISA should collect and annually publish data on the use and threatened use of NDAs in the music industry. (Recommendation, Paragraph 141)
Government response. The government confirms that CIISA will monitor, collect, and publish data on the use of NDAs across all industries within its purview, including music.
Government Equalities Office
34
Recommendation
2nd Report - Misogyny in music
Accepted in Part
The Government must develop and introduce a new strategy in schools, aimed specifically at boys on issues of misogyny, sexual harassment and gender-based violence. (Recommendation, Paragraph 145) 65
Government response. The Department for Education is reviewing its statutory Relationships, Sex and Health Education guidance and will publish an updated version for consultation shortly, indicating an action related to the recommendation's aim, but not a specific new strategy for boys.
Government Equalities Office