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Sexual harrassment: new rules

Sexual harassment: new rules

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No one minds if the courier stops for some light-hearted banter with your receptionist or if your biggest customer enjoys a flirt with your top salesperson - or do they? New legislation has put the onus on employers to make sure that their staff do not face sexual harassment from clients, suppliers or members of the public.

The new rules, which came in to force on 6 April, mean that staff can claim unlimited damages for injury to their feelings from employers who fail to take reasonable action if they are aware that two cases of harassment have already taken place. The changes amend provisions already made in the Sex Discrimination Act 1975.

Employer must prove innocence

It will now be up to the employer to prove that they were not in the wrong. The rule applies if three different people have been bothering the same member of staff. So it isn't enough, for example, just to bar one wayward customer from your pub or restaurant.

It remains to be seen what exactly could constitute harassment. A tribunal might, for example, decide that a waitress who was repeatedly referred to as 'love' or 'petal' could claim damages.

The government was forced to change the law when the Equal Opportunities Commission (EOC) won a ruling that it had not implemented the European Equal Treatment Directive. This protects workers from 'any unwanted conduct related to their sex which violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment'.

According to one estimate, complying with the rules could cost small businesses over £10 million.

The EOC (now part of the Equality and Human Rights Commission) told the High Court that sexual harassment by customers was rife in the hotel and restaurant industry - which employs 670,000 females. The changes are expected to have most impact on businesses where staff are in direct contact with customers or in industries that employ a large proportion of women.

The types of workplaces where employers will have to be particularly watchful are likely to include:

• Pubs, bars and restaurants

• Shops

• Gyms

• Hotels

• Teaching

• Professional service such as public relations, banks, accountancy and law firms.

Make staff aware

A spokesman for Acas (Advisory, Conciliation and Arbitration Service) said that the law was still 'bedding in' but that the organisation could offer training to help managers to be aware of sexual harassment. Several small businesses could, for example, join together to send their managers on a bespoke course.

This might be particularly useful for the retail or catering trade. Acas already offers advice on its website about how to deal with harassment in the workplace. It will tailor this advice to deal with the new law as tribunals reveal the pitfalls to be aware of and how to deal with complaints.

Until then Acas suggests that businesses put up signs warning that harassment of staff will not be tolerated. Many places where staff have to deal directly with customers - such as hospitals, doctors' waiting rooms, ticket offices and public transport - already display such notices.

Make sure all your staff know where you stand on discrimination. Consider writing an equality policy that you can include in your staff handbook or as a separate document. Remember to include suggestions from employees and that suppliers and customers are aware of it.

Taking steps to avoid breaking the law is likely to be harder for businesses which encourage staff to socialise with customers. One possible grey area could be comments made outside the office when customers are off their guard. Feedback and suggestions from staff could help you to prepare for tricky situations.

The new law, though, may not be bad for business. A Canadian study of shop workers found that most had been sexually harassed by customers but were slow to complain because of the emphasis on putting the customer first. Instead, many avoided male customers or made a point of keeping their distance - both of which affected their performance. If employers can reassure staff they won't be harassed this could help improve productivity.

Useful links

For details of changes to the law see Business Link's website: http://www.businesslink.gov.uk/bdotg/action/ruDetail?type=REGUPDATE&itemId=1080485095&topicType=1&r.s=rul

Equality and Human Rights Commission: http://www.equalityhumanrights.com/en/Pages/default.aspx

Government's Equality Office: http://www.equalities.gov.uk

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