Employment Update: Sex Discrimination

28 April 2008

The Sex Discrimination Act 1975 (Amendment) Regulations 2008 (SI 2008/656) came into force on 6 April.

They:

  • Eliminate the requirement for a comparator when a woman wishes to claim discrimination on grounds of pregnancy or maternity leave;

  • Redefine harassment so that a woman can complain of unwanted behaviour related to her sex or that of another person. This means that she can complain of an intimidating atmosphere at work even if no harassment is directed against her personally;

  • Make employers vicariously liable for harassment suffered by their employees at the hands of third parties (other employees) if the employer knows that the harassment has occurred on at least two previous occasions;

  • Facilitate the making of a claim for eligibility for bonus by an employee on ordinary maternity leave or additional maternity leave.

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