In the UK, a recent case has highlighted the need for employers to nurture a workplace culture that supports employees balancing work and caregiving responsibilities.
The case involved Courtney Rawlins, a driver for DPD, who was awarded more than £20,000 after facing harassment from colleagues due to his flexible work schedule, which had been approved to help care for his newborn daughter. The tribunal ruled that it was “unlikely” a woman would have received the same treatment.
It highlights the often-unspoken stigma and peer pressure associated with using family-friendly policies and the costly implications if employers don’t adequately address it.
In short, the story case goes back to 2022 when Rawlins was granted a flexible work schedule ahead of his daughter’s birth, allowing him to work four 10-hour days from Monday to Thursday, with Fridays off. Despite initial employer support, a breach of confidentiality exposed the reason for his revised schedule to coworkers, leading to gossip, complaints, and an increasingly hostile work atmosphere where other workers felt it was unfair.
The appointed tribunal judge concluded that this behaviour constituted sex-based harassment, emphasising that “there is unlikely to have been gossip if a female changed their hours or working pattern to look after their baby.” This highlighted the bias Rawlins faced, as the gossip and subsequent pressure created a hostile and humiliating environment.
Stigma and cultural challenges facing dads
Do men face more peer harassment than women when it comes to using flexibility to care for children?
While the case of Rawlins highlights the discrimination men can face when taking up caregiving duties, it is essential to note that women have long faced significant caregiver discrimination and peer hostility, often to the detriment of their career prospects and financial security. The ‘motherhood penalty’ as it is known, is well documented. For many women, flexible working arrangements and parental leave come with a tacit understanding that they might face negative consequences, including stalled career growth and workplace harassment. Research indicates that as many as 1 in 2 women report experiencing some form of caregiving discrimination or harassment after returning to work flexibly.
However, research does reveal that both men and women agree it is more culturally acceptable for women to use family friendly workplace provisions than men.
The cultural stigma and challenges follow dads from the UK to Australia and elsewhere, and into different industries.
The 2024, our National Working Families Report found that:
- 1 in 2 parents and carers worry about their reputation if they use flexible work provisions.
- 48% of respondents believe that employers are less likely to support men taking time off for family responsibilities, yet 56% agree that it is more acceptable for women to use these options.
- Nearly 1 in 4 women and 1 in 10 men reported receiving negative comments from managers for using parental leave.
Mary Wooldridge, director of the Workplace Gender Equality Agency emphasises that “while good and well-intentioned policies are essential, the real hard work comes in changing the culture and the environment, addressing any stigma or underlying stereotypes that inhibit those policies being taken up.”
Legal perspectives and cultural change
Lucienne Gleeson, Partner from law firm Baker MacKenzie, affirms that under updated Australian workplace laws, such as Respect@Work, cases involving a hostile work environment based on sex, which could be due to caregiving responsibilities, could be successfully brought forward.
While most discrimination cases focus on women, men experiencing harassment, including for caregiving duties are increasingly bringing their cases to light.
“Hostile workplace environment claims can be pursued if an employee is subjected to offensive, intimidating or humiliating behaviour due to characteristics that are imputed to a person, which can include caregiving responsibilities,” she says.
Nonetheless, the issue remains that many employees, “both men and women, hesitate to report such experiences due to fear of retaliation or harm to their job security and future career prospects.”
Confidentiality, peer pressure and culture
Breaches of confidentiality can amplify stigma and discrimination in the workplace. Rawlins’ experience illustrates how mishandling sensitive information can exacerbate peer hostility and create a toxic work environment. The challenges often include gossip and explicit judgments that may lead to exclusion from career opportunities and advancement.
Employers must manage such details carefully and establish norms around confidentiality to create a supportive culture. The real challenge is not just in implementing policies but in cultivating a workplace where employees feel safe to use them without fear of judgment.
Recommendations for employers
To address these issues and foster a culture where flexible work arrangements are embraced and respected, employers should:
- Develop Gender-Neutral Policies: Ensure policies related to flexible work and parental leave are inclusive and accessible to all employees.
- Promote a Supportive Culture: Initiate discussions and address stigmas surrounding flexible work to foster acceptance.
- Lead by Example: Encourage senior leaders, especially male managers, to take parental leave and work flexibly to normalise such practices.
- Unconscious Bias Training: Conduct regular training to inform employees of biases and encourage supportive behaviour.
- Confidentiality Assurance: Handle employees’ caregiving information with care to prevent potential discrimination.
- Immediate Action on Hostility: Address negative behaviours or comments from peers swiftly to maintain a respectful work environment.
- Clear Communication of Options: Ensure all employees know flexible work provisions and that these are widely accepted within the company.
- Regular Policy Review: Keep workplace policies up-to-date and relevant, gathering feedback for continuous improvement.
The Rawlins case is a wakeup call for employers revealing the importance of having supportive, family-friendly policies and fostering a cultural shift within workplaces to ensure it’s safe to use them.
Both men and women need to feel confident in managing caregiving responsibilities without fear of stigma or career repercussions. Employers must go beyond policy to build a culture of true support, inclusivity and acceptance otherwise there could be significant implications to the reputation and wellbeing of both employees and the business.