Fighting Harrassment - How HR Could Help Freelance Performers

A lot has been said recently in The Stage magazine, about the use of HR professionals, to help protect performers and creatives in the arts industry, against harassment. Having worked in HR roles for some years, I do agree with the commentators' suggestion. But while should be official structures and protectors in place, to guard against another Weinstein-style abuse of power; there are also practicalities that we must consider.

First of all, there is the cost and level of experience to bear in mind. From my HR experience so far, I would say that performers and creatives would need an HR Officer, -fully CIPD qualified - with a clear experience of Employee Relations, to be able to enforce protection against harassment, and ensure that respect is given to performers and creatives, as employees. (Some HR practitioners specialise in this field, but not all.) That means a hefty salary that must be paid: bearing in mind that most HR Officers are ranked above average pay scale. Larger arts organisations might employ such professionals in this way: but what about the freelance individuals, who move on a contract basis, throughout the industry?

One possible suggestion I have, would be to have regional 'Reps', employed collectively by all freelancers in the region, paying like a co-operative: as the HR Officer would need a steady wage, and if payment was spread across several hundred freelancers, this might be manageable. But this in turn, throws up another problem. To whom would a freelance-employed HR Officer be answerable? This I think, would be where the concept hits a wall.

In every organisation and HR team I have worked, there has always been a clear chain of liability. Employment law is very clear on this point. The HR staff must always have a boss, or be employed by a  recognised legal entity, as the nature of Human Resources means that there are legal issues of accountability; everything from new starters to payroll must be audited, monitored, and held accountable by the employer. That means that every HR professional can only operate within a structured organisation: they might contract out their services, but once in their contract, the same organisational structure always comes into play.

That is why I disagree with the comments made, that full time performers should have HR, as opposed to relying on their unions for protection. HR professionals work effectively within an organisation, but for freelancers, I think that the best solution would be: a specialised union rep. Think about it: who is on whose payroll? HR professionals do make sure that employers comply with the law; but when push comes to shove, I would argue that the employer is paying them to represent their side first in a dispute: certainly during any formal grievance procedures, involving cases of bullying and harrassment.

The unions, on the other hand, are paid directly by their members, to represent them, and if you as an employee are involved in a dispute, they are there to represent your side. After all, you pay them to do so! I have seen this arrangement in many of the industries I have worked for, and the same would apply to the performing arts.

That is why, freelancers should consider having a specialised union rep, who is trained in Employee Relations, and knows how to defend employees against harassment. This is what you should encourage your union to do. And for anyone who isn't yet in a union, I would advise you join one. The more members a union has, the stronger its bargaining power, to enforce rules, and fight to protect you from harassment. For arts employees at work, I think this would be the best way to ensure and enforce respect for all.