The Government has been found wanting in how it implemented new Sex Discrimination Regulations back in 2005.
As a consequence employees who have an expected week of childbirth beginning on or after 5th October 2008 will be entitled to the same contractual benefits during additional maternity leave as during ordinary maternity leave. This will particularly affect employers who currently withdraw benefits such as company cars and insurance related benefits during additional maternity leave. The current two tier approach to entitlements during maternity leave operated by most employers will have to stop.
Sexual Harassment
In a change taking effect from the 6th April 2008, the definition of harassment has been changed from harassment 'on the grounds of her sex' to cover harassment 'related to the claimants sex or that of another person'. This creates more opportunity for individuals to allege they are being harassed.
A more far reaching change is the extension of sexual harassment to cover the actions of third parties who are not employed by the employer. So employers are liable where an act of harassment is committed by a third party and the employer has failed to take such steps as would have been reasonably practicable to prevent the third party from acting in that way. What does this mean? Essentially that if the employer knows the employee has been subjected to harassment on at least two separate occasions and hasn't done something about it, then a liability is likely to arise. Of course the employer's view about what constitutes harassment may be different from the claimant's but being accused of doing nothing is not going to be a comfortable place to be.
The bottom line; if you get a complaint, take it seriously.
Disability Discrimination
The disability discrimination act was implemented in order to protect employees from being unfairly discriminated against in the workplace.
Discrimination occurs when a disabled person is treated less favourably because of his or her disability; it does not currently apply to employees who are associated with those with disabilities. However, a recent case has resulted in the Advocate General giving an opinion that, if followed (as it almost certainly will be) by the European Court of Justice later in the year, will lead to employees who are caring for elderly or disabled people being entitled to protection against discrimination through association. In many ways this makes sense; the case giving rise to the ruling involved the employer treating the claimant less favourably than other employees who had non-disabled children, but with approximately six million carers in the UK it could be a judgement with far reaching consequences as it gets interpreted into practice.
For
-
more information about your responsibilities as an employer
-
help with developing appropriate policies and procedures, and
-
practical instruction and training for your line managers
contact any HR Advantage consultant or call Stacey on 01494 478806 or e-mail
stacey@hradvantage.co.uk
Agency Workers
Changes to provide more protection to agency workers is also on the way. See the article in our next newsletter for more information.
