Changes to sexual harassment and discrimination rules

From 6 April, the provisions on unlawful sexual harassment now include situations where employers know that an employee is being repeatedly harassed by a third party - such as a customer or client - and do nothing within their power to prevent it happening again.

Someone witnessing a person being subjected to conduct relating to their sex, which has the purpose or effect of creating an intimidating environment for the witness, will also now fall within the scope of sexual harassment.

The Forum of Private Business (FPB) claimed the measures would come as a shock to some employers, as they had not been given publicised enough by the Government. It said the changes should have been put off until October.

"While it is important to protect employees from any form of discrimination, these regulatory changes have not been given adequate publicity and will take many business-owners by surprise," said the FPB's Phil McCabe.

"Given the additional administration and direct costs involved, the Government needs to give smaller firms the support they need – which means more time to re-assess their employment policies and procedures to make sure they comply with the changes to the law."

Repeated harassment means where harassment has been known to occur on at least two other occasions - but not necessarily by the same third party.

'Comparator' removed

Another change concerning discrimination on the grounds of pregnancy or maternity leave follows a High Court case last year, which found that the UK legislation failed to correctly implement the Equal Treatment Directive.

Previously, to claim pregnancy/maternity discrimination a woman had to compare her situation with one in which she was not pregnant or on maternity leave. This may not have always been feasible - for example a pregnant woman may need a risk assessment to be carried out, which she would not have needed had she not become pregnant. This requirement for a "comparator" has now been removed.

Another example, outlined by the Government, would be a situation where a pregnant woman whose job normally involved heavy-lifting - and which she could not do while pregnant - was still required to perform such tasks by her employer.

The Sex Discrimination (Amendment of Legislation) Regulations 2008, which also came into effect on Sunday (6 April), extended protection from discrimination on grounds of gender reassignment to the provision of goods, facilities and services.

The regulations also made it clear that sexual harassment in access to and the provision of goods, facilities, services or premises, is unlawful.

Further information on all of the changes is available from the Government Equalities Office here.