Changes to sex discrimination laws
Amendments to sex discrimination legislation, reflecting a High Court decision that changes to the Equal Treatment Directive were not properly implemented, come into force on 6 April 2008.
The High Court in Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] IRLR 327 HC found that the Regulations did not adequately implement the revised Equal Treatment Directive, meaning that the government was obliged to make appropriate amendments to the Act. It is doing this through the Sex Discrimination Act 1975 (Amendment) Regulations 2008.
The Regulations make the following changes from 6 April 2008:
- Regulation 2 amends the
definition of discrimination on grounds of pregnancy or maternity leave to
eliminate the requirement for a comparator who is not pregnant or not on
maternity leave, as the case may be.
- Regulation 3 amends the
definition of harassment to remove the causal link between harassment and the
sex of the person being harassed. The change enables claims to be made by
someone who is not subjected to the unwanted conduct him- or herself, but where
the effect of it nonetheless violates his or her dignity or creates an
intimidating environment for him or her.
- Regulation 4 makes it unlawful
for an employer to fail to take reasonably practicable steps to protect
employees from harassment by third parties where such harassment is known to
have occurred on at least two other occasions.
- Regulation 5 narrows the extent to
which it is not discriminatory to deprive a woman of the benefit of her terms
and condition of employment during maternity leave. The amendment facilitates
claims for discrimination in relation to eligibility for remuneration
by way of a bonus while on compulsory maternity leave. In addition,
it enables claims for discrimination in relation to terms and conditions of
employment in relation to periods of additional maternity leave to the same
extent to which they are available in relation to periods of ordinary maternity
leave. The amendments made by this regulation apply where a woman's expected
week of childbirth begins on or after 5 October 2008.
- Sex Discrimination Act 1975 (Amendment) Regulations 2008 and Explanatory notes (PDF format, 212K) Read the Regulations and explanatory notes in full on the OPSI website.
Also
Employment law: what you need to do for 6 April From XpertHR's employment intelligence blog.
Third-party liability for sexual harassment Employment Law Bulletin consultant editor Darren Newman considers the forthcoming right for employees to bring a claim against their employer where they have been subjected to sexual or sex-related harassment by a third party.
Sex discrimination: the basics XpertHR's employment law reference manual provides guidance on sex discrimination legislation.
