Q1 What is recognised as ‘transgressive behaviour’ in the UK – and is it in line with global ‘standards’?
In the UK, transgressive behaviour in the workplace includes actions that create a hostile work environment and violate societal norms. This can encompass harassment (especially when connected to a protected characteristic e.g., race, gender) involving conduct that harms someone’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It also extends to mistreatment towards an employee or group of employees that creates a risk to health and safety.
In the UK, the primary legislation that mandates employers to ensure a safe working environment is the Health and Safety at Work etc. Act 1974. This act sets out the general duties that employers have towards their employees and the public, including the responsibility to provide a safe and healthy workplace.
Additionally, the Equality Act 2010 provides protections against harassment and discrimination, contributing to a safer and more inclusive work environment.
These are robust protections and very much at the forefront of employment law measures together with the European Union.
The European Union has several directives and resolutions to combat transgressive behaviour in the workplace and these are closely reflected in the UK’s legislation. In the US there have been repeated attempts to introduce the Equality Act as an upgrade on the existing Civil Rights Act of 1964 but these have not succeeded yet.
Since Brexit, the UK has retained many EU-aligned workplace policies but has also started to diverge in some areas. Though the legal landscape is still mostly unchanged, the new UK government is preparing to introduce a wide-ranging upgrade of workplace rights when it brings forward the Employment Rights Bill soon. Whilst these are not directly aimed at tackling transgressive behaviour, sweeping changes such as banning zero-hour contracts and extending rights to parental leave, sick pay, and protection from unfair dismissal from the first day of employment, will significantly enhance protections for workers generally.
Q2 How does UK legislation around transgressive behaviour compare to cultural perspectives? And how
do employers in the UK balance inclusion and cultural sensitivity with protecting company ethos?
UK legislation around transgressive behaviour, particularly in the workplace, is designed to protect individuals from harassment, bullying, and discrimination. These laws reflect a commitment to creating a respectful and inclusive workplace. However, cultural perspectives can vary widely in any free society. Although the legal framework is robust, societal attitudes towards issues like gender identity and sexual orientation can differ. Some cultural groups may have more conservative views, which can influence workplace dynamics.
The purpose of workplace legislation is to create universal standards that can be respected by an employer’s entire workforce. However, sometimes it can be challenging for employers to balance their compliance with the law against the beliefs of individuals and communities that differ from the norm. This needs sensitivity and it is important to create a corporate identity and working culture that promotes inclusivity and welcomes diversity.
Q3 What changes do you feel corporations have to make to challenge transgressive behaviour – and meet changing expectations from employees?
An employer that wants to minimise transgressive behaviour and meet the expectations of its workforce should invest in establishing what its values are as a business and then communicating those widely. This also needs more than lip service or simply the appointment of a Diversity Officer in the hope that they will wave a magic wand and make the problem disappear.
There are a number of strategies to create a resilient and progressive company ethos. These include clear messaging across the workforce about the company’s core values and expectations of its workforce; developing contemporary diversity and inclusion policies that do more than paying lip service to minimum legal requirements; offering specialist cultural awareness training to all staff (and not just managers); and establishing functional and anonymous channels for reporting transgressive behaviour.
However, none of these measures will be effective without active support from the most senior management, who must also undergo the necessary training and conduct themselves as examples of the company’s values.
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