The four-part miniseries Rules of the Game on BBC One came to its gritty conclusion last night.
Writer Ruth Fowler was inspired in part by the #MeToo movement, which went viral online in 2017 when several high-profile celebrities voiced their experiences of being assaulted or harassed, following on from the Harvey Weinstein scandal.
Rules of the Game did a thoroughly chilling job showing the issue through the lens of a business, depicting a toxic and misogynistic workplace culture at a fictional company, Fly Dynamic. Time and time again the board of directors covered up unethical, and sometimes illegal, actions to maximise the value of the company.
That is until a new HR Director, Maya Benshaw, is hired and challenges the status quo, unravelling a web of lies and cover-ups related to the death of a 16-year-old employee ten years prior.
Although fictional, the show has shone a much-needed spotlight on several real-life HR issues that employers need to take seriously.
Inappropriate relationships between seniors and delegates
Fly Dynamic had a culture where senior managers and company owners were regularly engaging in sexual relations with young employees. This brings into question several ethical points.
Sexual relationships between colleagues can be difficult to manage – especially if they involve one party in a position of seniority and, implicitly, power over the other.
Companies should have robust policies on inter-office romances requiring the disclosure of any relationships and senior employees moving positions when such relationships develop so they are not directly managing the person they are in a relationship with. Having employees sign and date this policy means that they fully understand and acknowledge these guidelines should any romances arise at work.
However, there is another very serious issue here and that is consent. At Fly Dynamic, the female employees were predominantly teenage girls or young women who felt pressured into sexual relationships with senior managers. It’s important to ensure that any relationships within the office are consensual and note that employers have a duty of care to their employees.
As an employer it is your duty to prevent sexual harassment in the workplace and the company can be held vicariously liable if it happens.
Every business should have a sexual harassment policy in place, which all employees need to sign. The policy should make it very clear what is and isn’t acceptable and lay out in detail the company’s expectation when it comes to conduct and professionalism. Any complaints or concerns need to be investigated in full and appropriate action taken.
Drinking and drug-taking whilst in the course of employment
Another recurring theme of the show was excessive use of alcohol and drugs for many of the characters – especially the brothers who own the company and teenage staff who are coerced into inappropriate behaviour.
It’s important to understand that even if drinking and drug-taking doesn’t take part on company property, if it takes place at a work event, it is still seen happening ‘in the course of employment’ where the employer has a duty of care for their employees.
One of the characters was openly drinking and taking pills in the workplace. Rather than addressing the underlying issues of the behaviour, it was joked about and accepted by other employees who seemed to have very little concern for their colleague.
New HR Director Maya attempted to get help for the employee, whilst others seemed to dismiss her concerning behaviour as ‘just Tess’.
Favourable treatment
Rules of the Game is set within a family-owned company so it might not be surprising to see a great deal of favouritism and unfair treatment at play.
First up, we have the dismissal of a HR Director. Whilst the dismissal was no doubt justified due to his treatment of several younger staff and misuse of alcohol and drugs at work events, the same behaviour was also exhibited by the two brothers who own the company. They also held regular meetings with their mother and other directors to ensure that behaviours were covered up to preserve company optics…and COO Sam Thompson openly admitted to Maya when she started that nepotism was rife in the company.
This is a classic case of do as I say, not as I do.
Unfair treatment of employees is a one-way ticket to a tribunal claim.
When people see senior members of staff and company directors being held to a different standard than they are and getting away with inappropriate and/or illegal behaviour, it can have a devasating impact on morale.
When it comes to leadership, it is always best to lead by example, holding yourself accountable to the same standards as you would your staff, if not higher.
Misuse of NDAs
Sadly, Rules of the Game is not far from the truth when it comes to companies abusing the use of non-disclosure agreements. We’ve seen this happen many times in real life.
The Government has acknowledged that companies are using NDA’s to cover up allegations of sexual harassment or bullying and taking steps to clamp down on it.
Although there can often be legitimate reasons for having Non-Disclosure Agreements in the workplace, using them to cover up illegal activity is of course not one. Doing this can land your company in seriously hot water, with hefty fines, potential prison sentences and serious damage to both company reputation and employee relations.
Correct record-keeping
Improper record keeping, reporting and documentation was also a big issue in the TV show.
The law requires employers to keep HR files on their staff, including personal information and payroll data, amongst other things. Legislation sets out the length of time that businesses need to keep these records for, even after an employee leaves.
Keeping employee records is essential and stretches far beyond the legal responsibilities of an employer. They should be kept securely with only authorised personnel able to access them.
In Rules of the Game, the Chief Operations Officer destroyed employee records and hid files from the HR Director. This is not just illegal; it would also seriously hinder a company’s ability to defend itself should a court case arise – although this would be the last of their concerns if Fly Dynamics found themselves in a court room. Based on what I’ve seen in the show, any judge would throw the book at them!
Dealing with mental health
We had intimate insight into the life of one employee who was struggling with her mental health. Jess received inadequate support from the company following the death of her friend and colleague and fell into alcoholism as a coping mechanism. This had a catastrophic impact both on her personal life and the working environment.
It’s important to remember that there is no one-size-fits-all approach when it comes to mental health support. What works well for one person, might not work at all for another. For instance, HR Director Maya offered non-judgmental support including counselling and therapeutic activity like yoga to Jess. She also persuaded her to go to an AA meeting, which did not go as planned.
Ongoing two-way communication is crucial when it comes to understanding how best to support your employees, whether that’s through use of your Employee Assistance Programme, a period of sick leave, additional assistance at work, or even just offering a sympathetic ear.
Rules of the Game may not have been easy watching for many. It portrayed a gritty, toxic workplace and gave great insight into the behaviours that shaped the culture. Whilst this was a fictional show, it is a great example of how not to manage a business and viewers should pay close attention.
