Event Report: IP inclusive - Inappropriate Behaviour
Last week's IP inclusive event was a reminder that the IP industry is not free from the abuses of power so prevalent in other industries. Merpel reports on the issues discussed.
The IP inclusive event highlighted that anyone may experience inappropriate behaviour, and was attended by a range of IP professionals of different genders and ages. The event took place with the backdrop of the Fellows and Associates' 2017 survey, in which 43% of respondents had experienced some form of discrimination, on the grounds of gender, sexual orientation, parental issues, age, mental or physical health, race or place of origin, marital/civil partnership status, or religious or cultural beliefs.
Proceedings at the workshop began with a welcome from Andrea Brewster OBE of IP inclusive. Andrea introduced Dominic Houlihan, Deputy Director of HR and Organisational Development at the UK IPO. Dominic gave a lighthearted but very personal account of his experience of prejudice and discrimination, and continued by describing some of the practical measures the UK IPO have implemented to create an inclusive and open environment.
A particular topic of discussion was how inappropriate behavior from “high-ups” inevitably effects employee retention and is thus damaging to a firm. Anybody involved in recruitment in the IP industry will be aware that attracting and retaining good people can be a challenge. In response to the question “what would/did you do in response to an instance of inappropriate behavior?”, the common answer was “leave the firm”, whether the respondent was a trainee, qualified attorney or partner. Given the difficulties that many firms are encountering in hiring, the unwillingness of certain firms to adequately address inappropriate behavior is particularly surprising. Moreover, it was also noted that the people to whom this message most applied, were not in the room.
Dominic was followed by Catherine Hamilton and Tracy Powley of Focal Point Training. Catherine and Tracy led the attendees through a series of exercises in which personal experiences of inappropriate behavior at work were explored, as well as how inappropriate behavior may be tackled at an individual level.
A number of attendees also highlighted that the most serious instances of inappropriate behaviour predominantly occur in situations of a power imbalance, as opposed to between colleagues at similar levels, and that dealing with inappropriate behaviour from those more senior than yourself represents a particular challenge.
Another issue that was clearly a concern among attendees was how to mitigate the risk of retaliation in response to a complaint of inappropriate behavior. Indeed, it is the fear of retaliation that has allowed inappropriate behavior to persist so long in other industries. Complaining about inappropriate behavior runs the risk of making the situation worse, reputational damage and slower career advancement.
It was also mentioned that the fear of damaging your reputation is particularly relevant in instances of inappropriate behaviour occurring at a low level over a long period of time – the drip-drip effect. Complaining about any particular instance may seem almost ridiculous if taken out of context and not regarded as part of a systematic pattern.
One practical solution suggested for tackling serious inappropriate behaviour within a firm, was that of providing HR with the power to deal with inappropriate behaviour, no matter how senior level the perpetrators may be. HR must be able to investigate the issue without the fear of repercussions to themselves.
Depressingly, the event also highlighted that the IP profession mirrors other industries, in that there are certain powerful individuals known to be the persistent perpetrators of inappropriate behaviour, but that these individuals often remain unchallenged. As commented above, this is clearly not just unpleasant for the people concerned, but exceedingly damaging for the firms or companies involved.
Merpel wonders if there are any further practical suggestions people may have for addressing the issue?
The IP inclusive event highlighted that anyone may experience inappropriate behaviour, and was attended by a range of IP professionals of different genders and ages. The event took place with the backdrop of the Fellows and Associates' 2017 survey, in which 43% of respondents had experienced some form of discrimination, on the grounds of gender, sexual orientation, parental issues, age, mental or physical health, race or place of origin, marital/civil partnership status, or religious or cultural beliefs.
Proceedings at the workshop began with a welcome from Andrea Brewster OBE of IP inclusive. Andrea introduced Dominic Houlihan, Deputy Director of HR and Organisational Development at the UK IPO. Dominic gave a lighthearted but very personal account of his experience of prejudice and discrimination, and continued by describing some of the practical measures the UK IPO have implemented to create an inclusive and open environment.
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| Dealing with inappropriate behavior - a perplexing issue |
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| Kat checking out the job market |
A number of attendees also highlighted that the most serious instances of inappropriate behaviour predominantly occur in situations of a power imbalance, as opposed to between colleagues at similar levels, and that dealing with inappropriate behaviour from those more senior than yourself represents a particular challenge.
Another issue that was clearly a concern among attendees was how to mitigate the risk of retaliation in response to a complaint of inappropriate behavior. Indeed, it is the fear of retaliation that has allowed inappropriate behavior to persist so long in other industries. Complaining about inappropriate behavior runs the risk of making the situation worse, reputational damage and slower career advancement.
It was also mentioned that the fear of damaging your reputation is particularly relevant in instances of inappropriate behaviour occurring at a low level over a long period of time – the drip-drip effect. Complaining about any particular instance may seem almost ridiculous if taken out of context and not regarded as part of a systematic pattern.
One practical solution suggested for tackling serious inappropriate behaviour within a firm, was that of providing HR with the power to deal with inappropriate behaviour, no matter how senior level the perpetrators may be. HR must be able to investigate the issue without the fear of repercussions to themselves.
Depressingly, the event also highlighted that the IP profession mirrors other industries, in that there are certain powerful individuals known to be the persistent perpetrators of inappropriate behaviour, but that these individuals often remain unchallenged. As commented above, this is clearly not just unpleasant for the people concerned, but exceedingly damaging for the firms or companies involved.
Merpel wonders if there are any further practical suggestions people may have for addressing the issue?
