Sexual harassment legally defined - finally!

Headlines in the national press announcing that “Firms face huge fines under EU sex pest law may have surprised many UK employers who are already well aware of the cost of sexual harassment in the workplace. Indeed the new law, which amends the original 1976 Directive on Sexual Discrimination and which must be implemented by 2005, does not change the law in the UK very much, although they are likely to have a significant impact on some EU countries, such as Portugal and Greece, which have not developed this area of the law.

However, the new law is important in some key respects. This is the first time that the law on sexual harassment is defined in legislation, so that UK employers and Courts no longer have to rely on case law and judicial interpretation to deal with the basic principles. Much of the new law simply consolidates established UK practice. For example, it confirms that sexual harassment constitutes discrimination and that there is no upper limit on compensation. However, for the first time the term sexual harassment is given a legal definition that is applicable across Europe.

Sexual harassment is defined as “where any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating or offensive environment.

Although it has long been advisable for employers to have specific policies on equal opportunities and sexual harassment, it seems that employers may now need to be even more proactive in their approach. The new law requires employers to take preventive measures against all forms of discrimination, especially sexual harassment, as well as introducing what are referred to as “enterprise level equality plans which are to be made available to workers.

Although the press headlines are not as worrying as they first appear, it is clear that the prevention of sexual harassment is now high on the agenda. Employers should make every effort to review their policies, procedures and practices to ensure that they are not the first company to make unwanted salacious headlines when the new laws are implemented here.

If you require further advice on sexual harassment or discrimination issues generally please contact: Simon Jeffreys +44(0)20 7367 3421 or [email protected] or Anthony Fincham +44(0)20 7367 2783 or [email protected] in the London office. Or contact Alex Green +44(0) 1224 622002 or [email protected] in the Aberdeen office.