A shift in culture is needed to eradicate abuse in the workplace - Hywel Thomas

In September a major analysis of NHS staff revealed a pattern of female trainees being abused by senior male surgeons, with female surgeons saying they are being sexually harassed, assaulted and in some cases raped by colleagues. This particular issue was highlighted further to extensive research carried out by the University of Exeter, the University of Surrey and the Working Party on Sexual Misconduct in Surgery, with the BBC reporting that nearly two-thirds of women surgeons who responded said they had been the target of sexual harassment, and a third had been sexually assaulted by colleagues in the past five years.

Furthermore, the women say they fear reporting incidents will damage their careers and they lack confidence the NHS will take action.

This is deeply concerning and suggests that there is a culture of secrecy throughout the ranks, or at the very least a deference, which is leading to complaints being overlooked.

So, what needs to change?

The issue of sexual abuse within the workplace is not one that I feel can necessarily be addressed by further legislation, as many of these acts are already illegal. Likewise, those who are subjected to abuse within a workplace setting can access further legal redress.

Alternatively, it is also possible to bring a civil claim for compensation against the employer of the assailant if the assaults happened during the course of their employment. Exposure to such a financial risk is, unfortunately, still not enough for some employers to ensure the safety of their more vulnerable employees.

Instead, the problem appears to lie with the ways institutions are tackling the problem. Or, arguably, not tackling it.

The research referenced previously relating to surgeons in the NHS suggests that victims are frightened to raise concerns. Either because they fear it will impact their career progression, or possibly because they don’t think they will be taken seriously.

Debatably, reporting your assault or harassment to the very authority that has failed to protect you is not the most reassuring proposition. Especially if there has been no tangible effort to manifest a new culture of support and acceptance within the workplace.

One potential solution, therefore, could be that complaints are made directly to the police, or possibly an alternative, external organisation.

Simultaneously, companies need to consider a fundamental shift in the workplace culture.

Hywel Thomas is a Solicitor in the abuse law team at Simpson Millar.