Dignity at Work in Scotland’s Creative and Cultural sectors

1. Everyone working in Scotland’s creative and cultural sectors is entitled to be treated with dignity and respect, whether they are an employee, freelancer, contractor, Board member or volunteer. Creative Scotland does not tolerate bullying, harassment, or victimisation under any circumstance, and expects the same of any organisation, individual or project that we support with public funding.

2. Creative Scotland remains committed to tackling discrimination and all forms of prejudice. As the national body for creative development, we have a responsibility to ensure our support reflects the diversity of Scotland’s population. We work to ensure we meet the requirements of the Public Sector Equality Duty 2010, having due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people when carrying out our work.

3. We recognise that these behaviours persist in Scotland’s creative sectors and that there is a strong collective will to tackle them.This document sets out our commitment to ensuring that Dignity at Work is addressed across the sectors we support.

What do we mean by Dignity at Work?

4. We consider Dignity at Work to mean being free to work without experiencing these four unacceptable behaviours:

• Bullying is offensive, intimidating, malicious or insulting behaviour involving the misuse of power that can make a person feel vulnerable, upset, humiliated, undermined or threatened. Power does not always mean being in a position of authority but can include both personal strength and the coercion through fear or intimidation. Bullying can take the form of physical, verbal, and non-verbal conduct. Bullying at work means harassing, socially excluding someone, or negatively affecting someone's work tasks.

• Harassment is any unwanted physical, verbal, or non-verbal conduct which has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. It may be repeated behaviour, or in serious cases, may involve only a single incident. It also includes treating someone less favourably because they have submitted to or refused to submit to such behaviour in the past.

• Discrimination is being treating unfairly because of who you are. Direct discrimination occurs when a person is treated less favourably because of a protected characteristic as identified by the Equality Act 2010. Indirect discrimination occurs where employers have, rule, policy or practice that particularly disadvantages people who share a protected characteristic. Discrimination can also occur by perception and by association.

• Victimisation is the less favourable treatment of someone who has complained or given information about harassment or discrimination or supported someone else’s complaint. Employees have the right to raise grievances and to raise issues relating to discrimination or bullying in good faith and to have these matters investigated. Where a member of staff raises an issue in good faith, they should not suffer any detriment or victimisation by virtue of raising their grievance or complaint with management.

5. Bullying, harassment, discrimination, and victimisation harm lives, causing emotional distress and adversely affecting careers. There is no measure of behaviours that are unacceptable to individuals, and instances can cause harm irrespective of their duration or whether they are isolated or persistent. They can occur face-to-face (including outside the workplace) and through written or online communication or commentary.

6. Under the Equality Act 2010 it is unlawful to discriminate against someone because of one or more of the nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. Harassment related to these characteristics is also unlawful. In the workplace, harassment by a member of staff or by a third party, such as a client or supplier, may lead to both harasser and the organisation being legally liable.

Expectations of Creative Scotland funding

7. We expect organisations, individuals and projects that we fund and work with to ensure Dignity at Work and take all reasonable steps to prevent bullying, harassment, discrimination, and victimisation in the workplace.

8. Creative Scotland does not, however, have a regulatory role regarding the practice of those working in the creative sectors. We do not, therefore, investigate allegations of unacceptable behaviours in the sector.

9. Accountability for ensuring Dignity at Work rests with the Board (or equivalent governance bodies) and their actions in response to any allegations of unacceptable behaviour should be in line with their own processes and governance structure.

10. We expect the Board of any organisation in receipt of Creative Scotland funding to deal with any instances of bullying, harassment, victimisation, or discrimination appropriately. Where there is an issue raised, we expect any organisation, project or individual we support with public funding to acknowledge the seriousness of the complaint that it has received and to take steps to redress the situation.

11. In such cases Creative Scotland will expect to see strong leadership and a plan from the organisation as to how to manage the situation. Where we consider that an organisation is not delivering what was agreed in their Funding Agreement with us, we will expect the organisation to take responsibility for the situation.

12. Creative Scotland has a duty to ensure the appropriate use of the public funds we award. If we are concerned with an organisation’s progress our first step will be to give feedback and then discuss our concerns with the organisation so we can better understand what the issues might be. We expect the Board (or equivalent) to be aware of our concerns. We may also choose to make one or more of the interventions:

• We may ask for and agree an action plan for improvement in response to concerns. Organisations will be responsible for this plan, and we will monitor its effect.
• We may ask for reports in writing more frequently on certain issues or confirm that areas of concern that we identified are being addressed.
• We may place additional conditions on our grant payments to ensure compliance when existing conditions or standard requirements have not been met.
• If the conditions of our funding have not been met, we may decide to withhold payment of a grant until conditions are fulfilled.

12. In extreme circumstances we may decide to cease funding and in cases where there has been a breach of the terms and conditions, we may ask for repayment. In our funding agreements with RFOs we state that organisations should adopt inclusive policies and practices regarding Equalities and Diversity for the development of the arts and public engagement. We also state that we reserve the right to stop paying funding, reduce funding or ask funding to be returned if the organisation does not meet the ethical and governance standards expected in managing public money.

Creative Scotland’s wider commitments

14. Equalities, Diversity, and Inclusion (EDI) is one of our four strategic priorities. As the national body for creative development, we have a responsibility to ensure our support reflects the diversity of Scotland’s population; and that opportunities to create, participate or work in the arts, screen and creative industries are accessible, inclusive, and open to everyone, irrespective of their background.  We want to create the conditions in which systemic inequalities can be openly challenged and effectively addressed and continue to support organisations working in the arts, screen, and creative industries to deliver and sustain their work on equalities, diversity, and inclusion.

15. Fair Work and Workforce Development is also a strategic priority. The Fair Work Convention, 2015 sets out several aims, which include Progressive workplace policies, including greater workplace democracy, employee voice and commitment. It also outlines the five Fair Work Dimensions, including Respect:

Fair Work is work in which people are respected and treated respectfully, whatever their role and status. Respect at work is a two-way process between employers and workers. Respect at work enhances individual health, safety and wellbeing. Dignified treatment can protect workers from workplace-related illness, stress and injury, and can create an environment free from bullying and harassment.

16. Screen Scotland is the national body that drives development of all aspects of Scotland’s film and tv industry, through funding and strategic support. Screen Scotland is part of Creative Scotland and delivers these services and support with funding from Scottish Government and The National Lottery. Screen Scotland supports the British Film Institute (BFI) principles and guidance for tackling and preventing bullying, harassment, and racism in the screen industries. These were commissioned by the BFI and developed in partnership with BAFTA, and a range of organisations have endorsed these as central to ensuring Dignity at Work in the Screen Industries.