Sunday, April 06, 2008

Sex Discrimination Act Amended from 6 April

Maternity Rights Extended for AML
For women with an expected week of childbirth after 4 October 2008, non-pay terms and conditions will apply during Additional Maternity Leave as already apply to Ordinary Maternity Leave.

Sexual Harassment redefined
The definition of Sexual Harassment is widened to cover harassment “related to the claimant’s sex or that of another person” rather than harassment “on the grounds of the claimant’s sex”. This means that if A witnesses B sexually harassing C, A could potentially bring a claim for sexual harassment, even if C does not bring a claim.

Employers liable for 3rd party harassment
Employers will now be liable for sexual harassment by third parties, eg customers, if they fail to take reasonably practicable steps to prevent it. There must have been at least two previous occasions when the employee was subjected to harassment, though not necessarily by the same person.