08-04-2008
Sex on our minds
Last weekend saw a number of major amendments being introduced to the Sex Discrimination Act and should these changes concern you, then it really is time to get your house in order.
The main changes breakdown as follows:
1. Individuals overhearing sexually offense banter can claim even if they are not the subject of that “banter”;
2. There is an increased liability for employers as a result of acts by third parties (such as the employer of a barmaid where the barmaid is “ogled” by customers);
3. There is a technical change in relation to how cases of discrimination on the grounds of pregnancy will be conducted;
4. Women giving birth after the 5 October 2008 will have greater rights as the distinction between ordinary maternity leave and additional maternity leave will be eliminated.
Looking at the most relevant in reverse order, the OML/AML distinction means that should an employee go on maternity leave, whereas they used to be able to insist on continuing to benefit from their terms and conditions of employment during the first 6 months of their leave, they will be able to insist on this benefit for 12 months following 12 months of their absence.
Turning to the first two bullets above, basically employers will become liable for both acts by external third parties such as customers, and where employees overhear offensive conversation or see offensive conduct that is not actually directly affecting that employee at all.
Bearing in mind these two changes, employers will basically have a choice. Should the employer decide that they wish to minimise their risk, then they should review their Equal Opportunities Policies (or introduce one if they have not got one) and ensure that the policy at least sets out that the employer will not tolerate offensive behaviour and that the employee should report it if the employee feels uncomfortable at any time. It will then be up to the employer to act should an employee make such a report. This will go some way to protecting the employer.
The other choice that employers have will be to take the view that the employer has no control over the action of third parties, such as customers in pubs for example, and therefore ignore the new legislation and expect staff to be “grown up” about how they respond to other people’s conversations which are overheard. If you are an employer that falls into the second category, you will be wasting your money implementing a new policy because you are unlikely to act if an employee makes a complaint. You will be better off taking your chances on human nature!
In short, the changes mean that you as an employer will need to be more aware of whether your employees are being harassed or offended by third parties and staff on maternity leave will effectively have greater rights.
My advice is, if you are concerned about these changes and will take the appropriate steps should an employee complain, (in order to protect your business) then you should audit your Equal Opportunities Policies or introduce them if you have not got one. If on the other hand you will not act in a way that will be seen to protect your employees, do not waste your money in introducing a policy as it probably will not help you.
The main changes breakdown as follows:
1. Individuals overhearing sexually offense banter can claim even if they are not the subject of that “banter”;
2. There is an increased liability for employers as a result of acts by third parties (such as the employer of a barmaid where the barmaid is “ogled” by customers);
3. There is a technical change in relation to how cases of discrimination on the grounds of pregnancy will be conducted;
4. Women giving birth after the 5 October 2008 will have greater rights as the distinction between ordinary maternity leave and additional maternity leave will be eliminated.
Looking at the most relevant in reverse order, the OML/AML distinction means that should an employee go on maternity leave, whereas they used to be able to insist on continuing to benefit from their terms and conditions of employment during the first 6 months of their leave, they will be able to insist on this benefit for 12 months following 12 months of their absence.
Turning to the first two bullets above, basically employers will become liable for both acts by external third parties such as customers, and where employees overhear offensive conversation or see offensive conduct that is not actually directly affecting that employee at all.
Bearing in mind these two changes, employers will basically have a choice. Should the employer decide that they wish to minimise their risk, then they should review their Equal Opportunities Policies (or introduce one if they have not got one) and ensure that the policy at least sets out that the employer will not tolerate offensive behaviour and that the employee should report it if the employee feels uncomfortable at any time. It will then be up to the employer to act should an employee make such a report. This will go some way to protecting the employer.
The other choice that employers have will be to take the view that the employer has no control over the action of third parties, such as customers in pubs for example, and therefore ignore the new legislation and expect staff to be “grown up” about how they respond to other people’s conversations which are overheard. If you are an employer that falls into the second category, you will be wasting your money implementing a new policy because you are unlikely to act if an employee makes a complaint. You will be better off taking your chances on human nature!
In short, the changes mean that you as an employer will need to be more aware of whether your employees are being harassed or offended by third parties and staff on maternity leave will effectively have greater rights.
My advice is, if you are concerned about these changes and will take the appropriate steps should an employee complain, (in order to protect your business) then you should audit your Equal Opportunities Policies or introduce them if you have not got one. If on the other hand you will not act in a way that will be seen to protect your employees, do not waste your money in introducing a policy as it probably will not help you.
