Changes in the sexual discrimination act could prove costly for employers

11 April 2008

From overhearing a sexist joke to having a sexually explicit calendar the changes in the sexual harassment law may mean that employers face large compensation claims.

The change in the law means that employers are much more responsible for clamping down on sexual harassment even if it is committed by a third party i.e. clients and all types of visitors.  Staff who deal with clients everyday are at a greater risk and so employers should clearly state on notices that sexual harassment will not be tolerated.  A notice shouldn't be the extent of employers' actions though; they must follow through their claims and protect their staff.

The definition of sexual harassment has also widened with people who feel they have been violated or been the subject of some unwanted behaviour which has resulted in an uncomfortable environment.  In some instances they don't have to be the person who is violated or mistreated. 

Often private conversations can be overheard, especially in open plan offices and so at Ashton Morton Slack we feel that it is integral that you give guidance to your staff as to what the change in the law means and how they can protect themselves and your company.

Liam Kenealy in our business team here at Ashton Morton Slack commented "The amendments are designed to protect employees in any line of work. People associate unwanted approaches from clients & customers to people working in the service industry such as, bar & waiting staff. This sort of behaviour is not, however, exclusive to this sector and applies to anyone who deals with third parties. It puts the onus on employers to ensure their staff is happy in their working environment and to ensure that employees are not made to feel uncomfortable by clients & customers as well as their colleagues. Also it should be remembered that sexual harassment does not just apply to women, as men can also be the subject of such behaviour."