FPB calls on government to delay last-minute changes to sexual harassment law

4 April 2008

Email article : Print article : More articles like this

The FPB is urging the Government to delay last-minute changes to sexual harassment law to give smaller businesses time to meet their new obligations. The changes are due to come into force on 6 April, despite only being passed by Parliament recently.

"While it is important to protect employees from any form of discrimination, these regulatory changes have not been given adequate publicity and will take many business-owners by surprise," said the FPB's spokesperson, Phil McCabe. "Given the additional administration and direct costs involved, the Government needs to give smaller firms the support they need – which means more time to re-assess their employment policies and procedures to make sure they comply with the changes to the law."

The ‘statutory instrument' amends the Sex Discrimination Act 1975 to hold employers liable if they fail, after being informed on at least three occasions, to take all reasonable steps to prevent staff from being subjected to forms of sexual discrimination, such as lewd comments or sexist jokes. It was forced through Parliament by the Government's Women and Equalities Minister, Harriet Harman, on 14 March. It is expected to cost smaller firms at least £10 million in total to comply with the legislation.

In practise, it could prove difficult for firms which have regular contact with large numbers of customers, for example, to completely eradicate all forms of sexual harassment. The FPB believes that business-owners should be granted more time to make sure they establish the correct employment policies in order to protect themselves and their employees.

According to the Government's statistics on employment tribunals and the Employment Appeals Tribunal (EAT), the number of tribunal claims related to accusations of sex discrimination doubled between April 2006 and March 2007, from 14,250 to 28,153. The average award in cases of sex discrimination was £10,052.

By following the FPB's Employment Guide, business-owners can put in place procedures to help reduce sexual harassment in the workplace, and guard against potential claims at tribunals.

The Guide covers all aspects of an employee's time with the company, and includes essential information on equal opportunities and employment tribunals, as well as recruitment, discipline and grievance, and periods of leave. It features practical, easy-to-use tables and comes with a CD-ROM of templates of letters and contracts, along with many other essential documents.

Hadley Hawkins, Landlord of the Vine Inn in Honiton, Devon, said the changes to the law had been ‘sneaked' in.

"The Government seems to have forgotten the whole basis of freedom of speech, the responsibility for which should be with the person who is speaking," he said. "How can I, as a landlord, be responsible for someone who is being sexist to someone else? I think, if it goes to a test case at European level, it will be rightly thrown out."

He added: "This infringes my rights as well as the rights of everybody else who comes into the pub. You can't legislate against this – it's beyond the control of employers."

The FPB has signed a petition posted on the 10 Downing Street website calling for the new regulations to be delayed until the next common commencement date, 1 October, at least. It was submitted by BusinessZone.co.uk and HRZone.co.uk. To sign the petition, go to http://petitions.pm.gov.uk/delay-rules/. For more information about the FPB's Employment Guide, visit www.fpb.org/guides or call 0845 130 1722.

Email:
eNewsletter archive

FPB calls on government to delay last-minute changes to sexual harassment law

Related articles