Employers must act to protect staff from sexual harassment
By admin
Employers could face large compensation claims if their staff are sexually harassed at work after changes to the Sex Discrimination Act came into force this week.
The changes apply to everyone, from office workers who overhear a sexist joke between colleagues to bar staff who are chatted up by drinkers. They were introduced on Sunday (April 6th, 2008) to bring the UK into line with European legislation.
“The aim was to bring the UK into line with European legislation and the amendments do have implications for all businesses in the UK,” explained employment solicitor Eleanor Williams of Cardiff-based Darwin Gray Solicitors.
Among the changes made, the definition of sex harassment has been expanded to include people who feel their dignity has been violated or that some unwanted conduct has created an offensive or degrading environment. And they need not even have been the person at whom an offensive comment or action was directed.
There is also increased liability for employers for third party harassment. This means employers must be increasingly aware of their employees’ treatment by third parties and take action to prevent harassment.
“The changes put the onus on employers to show they have tried to clamp down on sexual harassment by third parties including customers, reps and visitors of all kind – those that don’t could face unlimited compensation claims,” warned Eleanor Williams.
“Customer-facing staff are in a particularly sensitive position. Employers should put up notices on their business premises clearly stating they will not tolerate sexual harassment of staff. But they need to follow this through and make a genuine effort to protect their staff.
“The ‘don’t chat up the barmaid’ line has been widely used but employers must understand the legislation relates to all businesses. The whole leisure industry needs to think carefully about its response but there are many other scenarios where it could have a profound impact. For example, staff in open-plan offices can not stop other people overhearing their private conversations. They need to be given firm guidance by their employers
“Elsewhere, in the professional services sector, companies who encourage staff to socialise with clients may find it quite a challenge to convey that message.”
The amendments to the legislation were originally expected to come into force in October 2007 but were delayed until December as they had to take into account the EU Gender Directive and certain aspects of the EU Equal Treatment Amendment Directive.
Other changes include the simplification of discrimination claims relating to pregnancy or maternity leave. And women whose expected week of childbirth begins on or after 5 October 2008 will have greater rights; for example, the distinction between Ordinary Maternity Leave and Additional Maternity Leave will be eliminated, in relation to terms and conditions.
