INVESTIGATION INTO SEXUAL HARASSMENT AND THE MANAGEMENT OF SEXUAL HARASSMENT COMPLAINTS WITHIN THE GMB Karon Monaghan QC 2020

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In 2020 I read the above report, which can be found here;

https://www.gmb.org.uk/sites/default/files/gmb_investigation_report_2020.pdf

?I have no legal qualifications and would not attempt to critique this report.? The comments I make in this document are my opinions, based on my experiences of witnessing and experiencing sexual harassment in the workplace and the actions I encountered once I reported it.

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Firstly, I would like to congratulate Karon Monaghan QC on a very honest report, the findings of which albeit disturbing, are in no way surprising to most women.?

At the outset Ms Monaghan’s Executive Summary states:

“Fundamental change is required if the GMB is to meet its promise to women

in the GMB and to women in society more widely. It is unlikely to achieve

this change unless the lay bodies discharge their leadership duties and

responsibilities under the Rule Book, and nor is it likely to achieve it without

external supervision from an outside body.”

I think in essence an outside body should investigate every allegation of sexual harassment.? Organisations are fundamentally interested in avoiding litigation and protecting their reputation and will close ranks and dismiss most claims as banter, mere misunderstandings or at worst vexatious claims.? If GMB can’t get this right in-house, how do they expect to represent members raising sexual harassment claims??

I was pleased to see that staff raising the issues and/or interviewed as part of the report were protected and given anonymity.? It is evident from my case and other individuals who have contacted me since I went public with my case, that many people are penalised for reporting sexual harassment.

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“The Equality Act 2010 makes it unlawful for trade unions to sexually

harass and victimise its employees and its members, 3 applicants for

employment and membership, and, in some circumstances, its ex-employees and ex-members. 4 In some cases, bullying will also be

unlawful, either under the Equality Act 2010, if it is related to one of the

protected characteristics, 5 or where it breaches an employee’s or

member’s contract of employment or membership.”

These terms are defined below. 3 Sections 57 and 40, Equality Act 2010. 4 Section 108, Equality Act 2010. 5 Age; disability; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex and sexual orientation.

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Although the Equality Act 2010 clearly states what is unlawful, enforcement of this Act is near impossible for someone raising a claim.? In my experience, the employer can simply say you are not telling the truth and shirk their responsibilities.? Most victims will not have the legal funding or support to see the claim through to court proceedings.? I also feel that going to the Employment Tribunal is heavily discouraged within the union, with union solicitors' main aim being, to reach a settlement agreement prior to ET.?? These agreements often come with an NDA, meaning the issue is not recorded and the employer faces no accountability for their wrongdoing and failure to deal with the initial complaint.? This allows the behaviour to go unchallenged.

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The explanation of the definition of “sexual harassment” and “Victimisation” when raising such a complaint is very clearly described in this report and leaves no one in any doubt about what constitutes sexual harassment and victimisation under the law.? However many people raising such actions are being retaliated against and victimised for reporting.? As described above, financially they find it almost impossible to fight back and the financial bullying from large organisations goes unchallenged.? Effectively large organisations can buy the silence of the victim and avoid accountability.? I challenged my union over this very issue and was told by my union-funded solicitor;

“As requested by you I have spoken with Unite's Legal Department about their position on support for your claim. Their position seems to be that we are now at a stage where if the offer was not accepted they are minded to withdraw legal support under the discretionary scheme of legal assistance.”

Losing legal support from the union meant I would have to fund my own legal representation (privately quoted at over ￡30,000 for a 10-day ET).? When you have suffered the humiliation of being dismissed from your job for reporting sexual assault by a colleague you have no income to fund these fees.? Employers know this and play the waiting game, dragging cases out until you are mentally and financially depleted.

26. In this way the Equality Act also protects against retaliatory acts in response to a complaint of harassment, including sexual harassment.21 The protections against victimisation cover any adverse treatment (“detriment”) of an employee or member22 who has made an allegation of harassment or who has acted as a witness for a woman who made an allegation of harassment.

As explained above, this Act is unenforceable if the victim isn’t afforded the opportunity to go to court.? Employers can treat the victim however they wish, holding internal investigations into allegations of sexual harassment and internal grievance procedures and then the employer hears the victim’s appeal and decides if they have behaved fairly; effectively the employer is marking their homework and will inevitably always pass.

Victims of sexual harassment may sometimes also experience feelings of shame and guilt. They may even feel implicated in the harassment because of a sense that they should have done more to prevent it or that somehow they were complicit in it. Women can come to fear exposure and may be reluctant to complain in consequence. These feelings can also be bewildering and distressing. These are all powerful deterrents to reporting sexual harassment.

I gave my employer reports from my doctor and Rape Crisis explaining the above feelings of guilt, shame and resulting PTSD diagnosis.? My employer chose to ignore these and faced no consequences.? This again backs up the loopholes where there is no accountability without getting the case to court.

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4.2 Policies 77. There are three policy documents relevant to this investigation. Firstly the GMB’s “policy set”; secondly the GMB’s “zero tolerance” statement and thirdly, the GMB’s “Code of Conduct”.

This report clearly shows that GMB have several policies in place and yet cronyism, bullying and sexual harassment were allowed to thrive in this environment.? Surely this sends out the message that policies are not worth the paper they are written on if they are unenforceable and out of reach for a victim.

In the findings of this report, Karon Monaghan QC recommends that;

Recommendation 20: Only a person who has had training in dealing with complaints of sexual harassment should be involved in investigating or reaching a conclusion on a complaint of sexual harassment. Surely this should be a prerequisite for such a life-altering event?? I mean, you wouldn’t send a plumber to carry out a medical assessment….? Cases handled by managers with no knowledge of sexual harassment can be extremely dangerous when victims are further damaged by the process.

108. The small number of sexual harassment complaints does not indicate that sexual harassment in the GMB is rare. Rather, it most likely indicates that women feel unable to make complaints, or that there is no point in doing so.

This is unlikely to change unless sexual harassment claims are fully supported by unions to go to court. The system needs to make employers accountable for failing to address these issues with the seriousness they deserve.? Only then will things change in our society.? Women deserve to go to work and feel safe, protected and equal.? I don’t believe the current system fully supports this.? Hopefully shining a light on these failings is a step in the right direction.

Thank you Karon Monaghan QC.

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