Episode 144 - *Bonus* Discrimination and Sexual Misconduct Legislation

This week we will be talking about the latest legislation on discrimination and sexual misconduct experienced by architecture professionals. This episode content meets PC1 - Professionalism, PC3 -  Legal Framework & Processes and PC4 - Practice Management of the Part 3 Criteria.

Resources from today's episode:

Websites:

• https://arb.org.uk/new-research-published-by-arb-reveals-staggering-levels-of-discrimination-and-sexual-misconduct-experienced-by-architecture-professionals/
• https://arb.org.uk/architect-information/architects-code-standards-of-conduct-and-practice/workplace-culture/
• https://www.architecture.com/knowledge-and-resources/knowledge-landing-page/sexual-harassment-laws-at-work-for-architects?utm_campaign=Member Update 281124&utm_content=Woman fending off an unwanted male hand at work&utm_term=&utm_medium=email&utm_source=Adestra
• https://www.architecture.com/knowledge-and-resources/resources-landing-page/workplace-wellbeing-practice-note

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Transcript

Episode 144:

Hello and Welcome to the Part3 with me podcast. 

The show that helps part 3 students jump-start into their careers as qualified architects and also provides refresher episodes for practising architects. I am your host Maria Skoutari and this week is a bonus episode about the latest Legislation on discrimination and sexual misconduct experienced by architecture professionals. Todays episode meets PC1, PC3 & PC4 of the Part 3 Criteria.

Some of you may have seen the recent headlines in the various architecture journals regarding the discrimination and sexual misconduct experienced by an extensive number of architecture professionals. 

To address these concerns, the ARB has conducted research into workplace culture experienced by architects to seek and address the issues raised. The RIBA has also put together a Workplace Wellbeing Practice Note for RIBA Chartered Practices addressing staff salaries and overtime working. 

In addition, the Worker Protection Act 2023 came into force from October 2024 introducing a new duty on employers to prevent sexual harassment in the workplace. I will expand on both the ARB’s approach and the new act within today’s episode.

Starting with the ARB’s research, which was released in November 2024, it was conducted by an independent agency surveying 898 architecture professionals across different stages in their career. 

The ARB commissioned the research to support the development of the new Code of Conduct and Practice for architects, which I covered in episode 133, but it was also commissioned following concerns professionals raised through the ARB’s education survey and wider engagement events about mistreatment and misconduct in the sector. 

The research found that:

• Architecture professionals suffer from higher levels of discrimination and sexual misconduct than in other professions that publish similar research – including academia and parts of the medical profession.
• Over a third of all professionals working in architecture have experienced insults, stereotypes or jokes relating to protected characteristics.
• One in four female professionals has experienced unwelcome sexual advances.
• A third of professionals would not feel confident raising concerns if they experienced or observed misconduct.

Looking more specifically on the culture of workplaces in the architecture sector, the research found that:

• Architects feel they embody many of the values and attributes the public and clients would expect of the profession (integrity, honesty, commitment and accountability) but not all (empathy, respect, inclusion, and confidence raising concerns).
• Only half of professionals agree the working environment is inclusive. This drops lower for underrepresented groups including women, ethnic minorities, and professionals with disabilities.
• Architects are concerned about lower quality of work, ethical behaviour and wellbeing as a result of excessive workloads and hierarchies that sometimes create significant power imbalances.

Now on the issue of misconduct in the profession, the research found that:

• Significant proportions have experienced bullying (41%), discrimination (33%), and sexual misconduct (10%). Not many sectors publish similar statistics for comparison, but architecture lags behind several that do.
• As mentioned, over a third (38%) of all professionals have experienced insults, stereotypes or jokes relating to protected characteristics; this is higher for female professionals (53%), those from ethnic minorities (46%) and those with disabilities (46%).
• Nineteen per cent of all professionals and 38% of female professionals have experienced unwelcome sexual comments. Twelve per cent of all professionals and 24% of female professionals – one in four – have experienced unwelcome sexual advances.
• A third of professionals would not feel confident raising concerns if they experienced or observed misconduct. They doubt it will be taken seriously and they fear it will impact their career. There is also a lack of clarity about the correct process.

In terms of how to resolve these issues, most professionals point to the root cause being larger structural and cultural issues which are preventing this. These namely being:

• That the culture of the workplace is inherited from university and architecture school
• Architects feel they are no longer respected by clients which leads to unreasonable demands, resulting in excessive workloads and a culture of unsustainable long hours and misconduct. This results in many of the core functions been eroded. 
• Due to high competition, practices try and undercut each other on fees which leads to practices seeking more cheaper work to keep them afloat resulting in a negative impact on hours worked, workload, culture and salaries.
• The stress of excessive workloads and a culture of unsustainable long hours are felt to contribute to misconduct.
• Hierarchies in practices create significant power imbalances within the profession which can place some into vulnerable situations.
• Some professionals have highlighted to the fact that there is a lack of representation, particularly at senior levels, limiting the understanding of others experience. 
• Many practices are seen to lack the management and HR structures and procedures that may tackle misconduct and its causes.
• Cynical mistreatment has also been identified as a concern, where some senior professionals echo poor treatment that they have previously endured.

These situations and issues, lead those affected by misconduct to either try to power through and continue working as usual to the greatest possible extent and remain in their role albeit at the expense of their mental health. Others often look to move away from their practice entirely and change practices, some transition to becoming sole practitioners as a way to set their own workplace culture and others choose to leave the profession all together. 

1. Now, looking at each of issues just mentioned, starting with the excessive workload and culture of unsustainable long hours, through further industry research of better practices, the ARB recommends these can be tackled through:

• Practices being more selective with clients and taking on fewer lucrative contracts, leading higher quality work and thus a better culture. 
• Upper management setting the example of not working unsustainable long hours and ensuring such habits are not incentivised
• Ensuring proper project resourcing resulting to improved project management.

2. In terms of tackling hierarchies that create significant power imbalances, the ARB recommends these are tackled through:

• Encouraging everyone within the practice to pitch their ideas and those ideas to actually be considered regardless of an individuals place within the workplace hierarchy
• Encouraging honesty across roles allowing practices to move forward together 
• Prioritising training and education 

3. The next issue is tackling lack of management expertise through:

• Promoting people not just based on their technical expertise, but also through their leadership, finance and project management, to name a few skills to be taken into consideration when promoting internally
• Providing training to equip them for their new responsibilities

4. Then the next issues is tackling lack of representation through:

• Having more diverse leadership that will be sensitive to the range of employee needs, such as family commitments 
• Also having a more diverse workforce encourages underrepresented groups to remain in the profession 

5. And lastly, tackling cyclical poor treatment should be considered through:

• Re-educating younger employees and teaching them new skills, discouraging carrying the culture of overwork into employment 
• Informing younger employees of their rights within the workplace
• Tackling ageism and promoting younger professionals that carry modern values into positions where they can affect change 

ARB should seek to address these issues and empower real change. Shaping good conduct and practice can help empower firms to create more positive working cultures 

In response to the research findings, therefore, the ARB aims to set firmer professional standards for architects through the new Code of Conduct and Practice with supplementary guidance on leadership and inclusion, providing tools to support them in raising concerns and challenging unethical behaviour, and collaborate with other sector leaders to promote changes in behaviours and conduct. ARB is also writing to learning providers of ARB-accredited qualifications to highlight the research and a new condition on sexual misconduct being introduced by the Office for Students, which is the education regulator in England.

Now lets circle back to the Worker Protection Act 2023 and how this relates to these matters found by the ARB’s research and the profession in general.

As mentioned, the Worker Protection Act is an amendment to the Equality Act 2010, introducing a new duty on employers to prevent sexual harassment in the workplace. Sexual harassment at work has long been prohibited under the Equality Act 2010, but the new act goes further by imposing a mandatory legal duty on employers to prevent the sexual harassment of employees at work by taking reasonable preventative actions. 

The duty requires:

• Employers having a legal duty to take “reasonable steps” to proactively prevent sexual harassment in the workplace. This “preventative duty” shifts beyond reacting to complaints and requires employers to take steps to prevent harassment from occurring in the first place.
• This duty extends not only to employees but also to preventing sexual harassment by third parties, such as clients, customers, service users, and members of the public. This means that employers must consider the risks associated with working with these groups and take appropriate measures to mitigate them.
• The responsibility is on employers to actively assess risks and implement necessary measures. These steps could include establishing clear anti-harassment policies and reporting procedures, providing training and awareness programs for employees at all levels, and implementing an effective system for investigating and addressing reported incidents.

Employers failing to meet the preventative duty can trigger enforcement action from the Equalities and Human Rights Commission (EHRC) regardless of whether an incident of sexual harassment has occurred. This could result in financial penalties and additional compliance measures, such as mandatory training sessions for staff, the implementation of improved reporting systems, or the development of anti-harassment policies. If businesses do not adhere to their legal obligations, the Equalities and Human Rights Commission can take legal action, which may involve costly court proceedings and further fines. This adds a layer of financial risk for employers who are not compliant.

Employees experiencing sexual harassment and successfully proving the employer’s lack of reasonable steps to prevent it, can also be awarded increased compensation of 25% through employment tribunals. This means employers could face significant financial costs not only from potential fines but also from potential lawsuits if they fail to take adequate preventive measures.

By creating a safer and more positive workplace culture, employers can improve employee morale and productivity, potentially reducing staff turnover and associated costs. Additionally, addressing and preventing harassment can help mitigate reputational risk and enhance the organisation’s image as a responsible employer.

So what steps can someone who has experienced sexual harassment in the workplace do? Any employee who has been the victim of sexual harassment in their practice should:

• Document the incident: write down what happened, including dates, times, names of those involved and any witnesses.
• Consider talking to someone you trust at work (a colleague, manager, or someone trained to advise on such matters) or seek specialist advice (especially if the harassment involves assault, or if your employer is not taking your complaint seriously).
• Report the incident to your employer. You can do this informally by talking to your employer or someone senior, or formally by raising a grievance. Check your employer’s sexual harassment policy, if they have one, for their specific procedure.

And employers can tackle employees concerns by creating a safer office culture through:

• Leading by example whereby senior management can demonstrate a strong commitment to preventing sexual harassment and lead conversations on how to prevent it.
• Provide comprehensive training whereby all employees should receive regular training on what constitutes sexual harassment, how to recognise it, and how to respond appropriately.
• Promote bystander intervention by encouraging employees to speak up if they witness sexual harassment.
• Foster open communication creating an environment where employees feel comfortable raising concerns without fear of retaliation.
• Address underlying power imbalances by taking steps to ensure that all employees feel valued and respected, regardless of their position or background.

I have provides links within the episode notes to all the relevant guidances from both the RIBA and the ARB if you would to review in more detail. 

To sum up what I discussed today:

• Architecture professionals face high levels of discrimination and sexual misconduct, with over one-third experiencing insults or stereotypes and one-fourth of women facing unwelcome advances. To tackle these the ARB has conducted research into workplace culture experienced by architects to seek and address the issues raised.
• The Worker Protection Act has also been introduced as an amendment to the Equality Act 2010, introducing a new duty on employers to prevent sexual harassment in the workplace.
• Workplace Culture Challenges identified by the research include a lack of inclusivity, excessive workloads, power imbalances, and inadequate HR practices.
• The ARB therefore recommends improving workplace culture by fostering inclusive leadership, promoting sustainable work habits, addressing power imbalances, and increasing representation in leadership to support underrepresented groups.
• Steps for Employees Facing Harassment includes documenting incidents, seek advice from trusted colleagues or specialists, and formally report using grievance procedures, supported by comprehensive anti-harassment policies.
• ARB's aims to tackle these concerns through the new Code of Conduct and collaborate with sector leaders to set higher professional standards, promoting leadership training, and addressing systemic issues through education and regulatory enforcement.