Why Education Around Consent Is Key in Preventing Misconduct
Meaningful consent is an important factor in many different types of workplace misconduct. It is important to recognise that, in professional environments, power imbalances can remove someone’s ability to consent freely and without pressure. Education and training about appropriate workplace behaviour should include consideration of consent, as this works to protect both employees and businesses from the risk of misconduct taking place, and from legal liability for activities that happen in a work environment or context.
Training is a powerful tool to combat workplace misconduct because, in many cases, these actions arise from misunderstandings and a lack of clear boundaries. When there are intentional abuses of authority, training on recognising the circumstances in which meaningful consent is not possible empowers teams to speak out, and tackle the problem before things go too far. Embedding an understanding of consent into workplace culture is the most effective way to avoid the regulatory and criminal penalties that organisations and individuals can otherwise face.
Here, Tyler Hoffman’s sexual offence solicitors explore the role of consent awareness in workplace culture, how it combats the risk of misconduct and more serious offences, and the importance of healthy relationships between employees and employers within an organisation.
What is consent and how does it apply to business?
Consent is an informed agreement made freely and without any undue influence. While this may sound simple, there are many contexts in a workplace setting where boundaries can be blurred. The power dynamics of a workplace mean that employees may feel pressure even when none is consciously exerted, and the implied consequences of refusing a request may be sufficient to ensure that a person’s consent cannot be meaningfully given.
This does not exclusively apply to misconduct or circumstances where unwelcome sexual advances are tolerated for fear of repercussions. The need to understand and apply the boundaries of consent arises in various circumstances, including when managers ask employees to work outside usual hours or get in touch via personal communication channels rather than professional ones. If managers control shifts or career progression opportunities, this can result in fear of repercussions that leads workers to agree when they otherwise wouldn’t.
While many of these types of behaviours are not explicitly illegal, there can be serious consequences. Organisations in England and Wales have a legal obligation to protect staff from harassment and misconduct, and a failure to implement strict boundaries or define what is expected in a professional context can make this a much more significant risk.
How can workplaces foreground consent education?
The first key step in maintaining workplace boundaries is to provide training at all levels of your organisation, and to develop policies tied to this training that offer guidelines for appropriate behaviour. Once training has been delivered, compliance with policies should be monitored over time. This will indicate their effectiveness and also highlight when follow-up training or further policies are needed. Training in this area can also become part of the induction process when new employees join, and consent may be referenced as a key tenet of an organisation’s brand identity.
This is also an opportunity to reinforce the fact that power imbalances affect a worker’s freedom of choice. An awareness of the risks of abuses of authority and efforts to avoid them are key to building trust throughout a company, which in turn has a number of benefits. Employees may feel safer and more valued as a result, which in turn can improve communication and productivity.
For this reason, awareness of consent should begin at the top level if it is to be embedded successfully in a company’s culture, particularly because those with more power are at greater risk and will face stricter penalties for misconduct. When managers and executives are seen to follow the business’ protocols and to take reports of misconduct seriously, this sets a good example and empowers workers to intervene if they believe something inappropriate is taking place. Staff may feel confident enough to interrupt misconduct or make a formal complaint if they are unafraid of retaliation and believe that the business will support them.
The key goal should be to reorient a workplace around a proactive and preventative stance, where every employee understands what constitutes misconduct and is able to avoid it. Where this is not possible, aligning training with your business’ legal obligations can provide a defence and reduce liability for any actions that take place. If a business can demonstrate that it took steps to minimise the risk of misconduct, it may not be held accountable for incidents that could not have been prevented.
Consent education can be a vital aspect of this, and is one of the most effective ways to combat the risk of misconduct. When implemented effectively, it also offers an opportunity for businesses to strengthen the relationships between workers and their supervisors. A shared understanding of consent and a vocabulary that can be used to discuss misconduct opens up communication, which is key to building trust.
by Akef Akbar, Managing Partner at Tyler Hoffman Solicitors
