Sex discrimination law reform extends employers’ liability

Legal changes to bring the Sex Discrimination Act into line with the amended European Equal Treatment Directive will finally come into force on 6 April.

The High Court ordered the changes in March 2007 after the Equal Opportunities Commission successfully applied for a judicial review, arguing that the government had not properly implemented the directive.

The law now defines sexual harassment as unwanted conduct “that is related to [the victim’s] sex or that of another person” (instead of simply “on the ground of his/her sex”). This will make it easier for individuals to bring claims when someone is making generalised sexist comments that are offensive but not directed at them personally, or are made in front of a mixed audience.

Additionally, employers’ liability has been extended to harassment by third parties. This means anyone who is not the employer or a fellow employee — for example, customers in a restaurant or contractors from another company.

Where harassment has occurred more than once (whether by the same person or different people), and the employer knows this but has not taken steps to prevent it, the employer will be legally responsible.

Other changes remove the need for a comparator in cases of maternity or pregnancy discrimination, and make it clear that a woman on maternity leave is entitled to pay increases relating to a period before she went on that leave.

The Sex Discriminaton Act 1975 (Amendment) Regulations 2008 are available at www.opsi.gov.uk/si/si2008/uksi_20080656_en_1