Open and accountable reporting mechanisms are ones where:

3.1 – Individuals in the Creative Industries Workforce – regardless of their role, seniority or employment status – know they have the right to report harmful behaviour, to the entity that contracted them in the first instance whenever possible; they know the procedures for doing so, and are confident to use them. They recognise that:

• It is everyone’s responsibility to raise concerns, through appropriate channels, about harmful behaviour in the working environment.
• They have a right to raise questions and report concerns about past or current harmful behaviour through a variety of safe and structured mechanisms that include protections from retaliation/victimisation and forced confidentiality.
• They should not be forced to agree to confidentiality clauses, such as non-disclosure agreements (NDAs), that could deter or prevent them from reporting harmful behaviour or seeking appropriate support.
• Keeping detailed records of harmful behaviour will support a formal report of a concern and will help Senior Leaders to take action.
• They should receive a timely response that explains what possible actions and outcomes they can expect from the entity to which they may raise concerns, and what is outside the scope of that entity.

3.2 – Senior Leaders take responsibility for ensuring their workforce is empowered to raise concerns in a safe setting (and anonymised if requested by the person raising a concern) and know the process for doing so. They recognise their accountability as Senior Leaders, and take ownership of addressing concerns and resolving them appropriately. Dealing early with misbehaviour can prevent escalation to even more serious issues. Senior Leaders achieve this by:

• Providing a variety of well-publicised ways to raise a concern that are easy to navigate and include options for anonymised reporting.
• Having clear mechanisms for preventing retaliation/victimisation for reporting or whistleblowing, that are outlined in policies that describe what action will be taken if retaliation/victimisation occurs.
• Ensuring that confidentiality clauses are not misused to silence individuals who want to report harmful behaviour or misconduct, or used as part of settlement agreements in a way that prevents individuals from whistleblowing, reporting crimes to police or discussing incidents of harassment, bullying or discrimination with others.
• Having a set policy or process for what to do if a concern is raised about a client or other third party that everyone is aware of.
• Making clear what is within the organisation/production/project’s remit to resolve, and signposting where to raise the concern if it is not in their remit.
• Encouraging individuals to raise concerns as soon as possible after a potential incident of harmful behaviour has occurred, and addressing concerns raised by individuals after their contract has ended.
• Recognising that harmful behaviour may be experienced by multiple people in the same workplace and their concerns may be raised individually, collectively or through a representative.
• Providing two-way communication channels to ensure that anyone who raises a concern, and other individuals directly involved, can have their say and are kept updated (subject to data protection requirements) on how the concern is being addressed, if they wish to be and where sufficient information has been provided. Impacted individuals can see that the concern is being looked into in a fair and objective way, based on the facts.
• Ensuring that all parties connected to a concern are provided with appropriate support during the process.
• Equipping Managers to be able to respond to a concern appropriately.
• Having clear and fair decision-making through implementing rigorous procedures and taking swift, clear and appropriate action to address any issues or concerns raised. Senior Leaders give an open and honest response as quickly as possible, considering the complexity of the concerns, that:

a) sets out what happened and whether a breach of behavioural standards took place;

b) fairly reflects the experiences of everyone involved;

c) clearly sets out how the organisation/production/project is accountable;

d) empowers individuals addressing concerns to offer fair remedies; and

e) outlines any action to be taken to make sure any learning is used to improve behaviours and future responses.

3.3 – Managers foster a culture of speaking up, where no-one is victimised, retaliated against, ostracised or belittled for asking questions, challenging the status quo or pursuing their rights or the rights of others. They do this by:

• Welcoming concerns in a positive way, being open to questions about what is harmful behaviour.
• Ensuring their team are aware of how they can report a concern.
• Listening to anyone who raises a concern, acknowledging their concerns and desired outcome, and acting to support the reporting process.
• Taking responsibility to report any activity that is potentially illegal to an appropriate person within the organisation/production/project, and to any relevant outside authority, and supporting the impacted individuals throughout this process, including ensuring their permission to report where appropriate.