In March 2007 the High Court held that UK sex discrimination legislation did not comply with European law in several siginificant respects.  The Government has finally published the amending regulations which will take effect from 6 April 2008:

• A new, wider, definition of sexual harassment.  A complainant will only need to show that the alleged treatment was connected to or associated with her sex, not that it took place because of her sex.

• Employers will be liable for sex discrimination where they fail to take reasonably practicable steps to protect employees from harassment by third parties, such as customers or clients, where such harassment is known to have taken place on at least two other occasions.

• In relation to less favourable treatment on the ground of pregnancy or exercising the right to maternity leave, there will no longer be a requirement to compare treatment to that of a woman who is not pregnant or not exercising a right to maternity leave.

• For women whose expected week of childbirth begins on or after 5 October 2008, there will be improved rights in relation to terms and conditions during maternity leave.  For example, a woman will be able to claim discrimination for non-payment of a discretionary bonus while on compulsory maternity leave (i.e. the two week period immediately following childbirth).  In addition, an employee will be able to bring the same types of discrimination claims during additional maternity leave as in ordinary maternity leave.

Posted: March 20th, 2008 under Employment/HR.
Comments: none