SEX CHANGES

A number of important changes have been made to the 1975 Sex Discrimination Act which came into effect on 6 April. These are as follows:

  • Women claiming discrimination on grounds of pregnancy or maternity leave do not have to compare themselves with someone who is not pregnant or not on maternity leave, as the case may be.
    The definition of harassment has been amended so that anyone being harassed no longer has to show a causal link between the harassment and their gender. That means that individuals who are not the actual butt of the unwanted conduct but who feel that their dignity has been violated or that an offensive environment has been created as a result are now protected by the legislation. The amendment also widens the type of harassment that is subject to the Act. For instance, it would now be harassment for a male colleague who puts office equipment on a high shelf to make it hard for a woman to reach. This would not have been harassment under the previous definition as it was not “on the ground of her sex”. It is now actionable as it is “related to sex” as women are, on average, shorter than men.
    Employers have to take reasonably practicable steps to protect employees from harassment by third parties (such as customers) if it has occurred on at least two other occasions.

Then from 5 October, further changes will make it easier for women to claim discrimination in relation to eligibility for a bonus while on compulsory maternity leave. In addition, they will be able to claim discrimination in relation to their terms and conditions of employment during periods of additional maternity leave (AML) in the same way that they can during periods of ordinary maternity leave (OML). This means that if an employer makes a benefit available during OML (such as a company car, health insurance etc) they now have to make it available during AML. They also need to count the entire period for purposes of seniority etc. So any non-pay benefits should now be provided throughout the entire period of maternity leave.