The new perils of office banter

Apr 17 2008 By The Journal

Neil Dwyer, partner in the Employment Unit of Newcastle solicitors Hay & Kilner, looks at the effects of recent changes to the Sex Discrimination Act. THE legal dangers of not outlawing “sexist” remarks in the workplace are greater than ever before, following changes to the law that became effective recently.

An important change is that employers are now duty-bound to protect their staff from harassment by customers and the public as well as by their employees.

This will be a particular challenge for businesses with staff who deal with the public, such as call centres, pubs and shops, as well as public sector organisations including benefit offices and schools. As a minimum, we recommend that these carry signs stating they will not tolerate harassment of their staff.

Many businesses might find having to tell their customers and clients to behave themselves an awkward responsibility. They do need to appreciate, however, that failure to act may end up in compensation claims from their own employees.

Further changes to the Sex Discrimination Act now mean, for example, that men who are offended by a sexist joke or banter at work, even when no women are present, can bring a claim against both the employer and the person who made the comment.

I am not expecting a deluge of such cases to reach Employment Tribunals in the near future, but this is certainly a change to the law that all employers and employees need to be aware of. The law has changed from classifying harassment as conduct “motivated by” the sex of the victim to conduct “related to” it, which greatly expands its scope.

:: Any business wishing to understand how these changes will affect their business should seek legal advice. Contact Neil Dwyer, Sarah Hall or Sarah Furness in the Employment Unit at Hay & Kilner Solicitors on (0191) 232-8345 or visit www.hay-kilner.co.uk