New regulations could spark increase in sexual harassment claims

New measures introduced by amendments to the Sex Discrimination Act 1975 to bring it into line with the European Equal Treatment Directive could see an increase in harassment claims.

The amendments increase the employer's liability for harassment by third parties.

The definition of harassment has been widened so that someone who feels offended by bad behaviour which causes a degrading environment could bring a claim even though they are not the direct target of that offensive behaviour. They could claim against the employer as well as the person making the remarks.

In the past, the harassment had to be motivated by the sex of the victim. It meant a male manager who made a sexist remark to a woman might avoid liability for harassment if he could demonstrate that he was offensive to men in similar ways.

The new regulations, which came into force on 6th April, have put a stop to this kind of defence because they extend the definition of harassment to include behaviour relating to the victim's sex rather than just motivated by it.

It means that workplace banter could lead to an increase in harassment cases. Employers may need to update their policies to prevent behaviour that could lead to costly claims being made.