From 1 October 2005 new sexual harassment legislation, aimed at tackling discrimination in the workplace, has come into force.  The European Equal Treatment Directive has extended the definition of sex discrimination to cover any act that leads to intimidation or degradation.  A new definition of indirect discrimination is introduced. This means that if an  employer's policy or practice is found to put either women or men at "a particular disadvantage". 

 

Emloyers should also note that the Civil Partnerships Act gave same-sex couples the right to form a legal commitment similar to marriage.  At work employers must ensure equality exists between the way civil partners are treated and spouses.

 

Whilst the legislation does not fundamentally change existing practice it does mean that it will be easier for employees to bring a case for example, courts will no longer have to rely on statistical information to show that a policy or practice favours one sex.

 

In the UK it is unlawful  to discriminate directly or indirectly on the grounds of sex, marital status, disability, religious beliefs, race, colour, ethnic or national origin.  This covers virtually all work practices and groups of employees:

• Selection arrangements

• The provision of further education opportunities for employees.

• Those undergoing, intending to undergo or who have undergone sex change treatment. 

• Temporary and part-time staff.

• Staff on maternity leave

• Unpaid work experience trainees.

• Recruitment.

• Terms on which employment is offered.

• Terms and conditions of employment.

• Opportunities for promotion, transfer or training.

• Employment benefits.  

• Dismissal or any other detrimental treatment.

Overseas workers have full protection of the if their employer has a UK business base and they are ordinarily resident in the UK. So, for example, a male employee working abroad for a British employer could bring a claim of direct sex discrimination if he is told he needs to complete two further overseas assignments to secure promotion, regardless of his family responsibilities, if a similar request would not be made to a woman.

 

Most harassment is already unlawful so the new definitions should not require any changes to procedures, but employers should remind employees of standards relating to dignity and respect at work.

 

Note also from 1 October 2006 age discrimination will become illegal.  From that date discrimination on the basis of age will then be subject to all the provisions of discrimination law.  See link right for more information.