Discrimination victory for EOC
13 Mar 07
High Court ruling that UK sexual harassment rules inadequate
,p>A High Court judge has ruled that the UK Government has failed to comply properly with an EU directive on sexual harassment and pregnancy discrimination.
Mr Justice Burton upheld a challenge by the Equal Opportunities Commission (EOC) to the Employment Equality (Sex Discrimination) Regulations 2005, on the basis that the regulations contain too narrow a definition of harassment and lack clarity over what constitutes discrimination in relation to pregnancy and maternity leave.
He ruled that the government had failed to implement the 2002 Equal Treatment Amendment Directive properly in respect of points raised by the EOC.
The EOC had argued that the Sex Discrimination Act did not ensure that women in the workplace were not subjected to unwanted conduct relating to their sex. In particular the current law excluded harassment by an employer's clients or customers, which it said was widespread in for example the hotel and restaurant trade.
In relation to maternity rights, it argued that there was a lack of clarity over a woman's rights if her job was changed without her being consulted while she was absent on maternity leave, or if she was disadvantaged in seeking promotion because her leave did not count towards length of service.
The judge accepted that there had been a great deal of consultation and communication between the government and the EOC before the regulations came into force in October 2005, but said that the EOC had been unable to persuade the government to alter the regulations in line with its advice.
Jenny Watson, chair of the EOC, said: "This decision is a welcome result for the thousands of vulnerable women who suffer pregnancy discrimination and sexual harassment every year.
"It should also come as good news for employers, who now have a clear understanding of their rights and responsibilities and won't find themselves tied up in expensive and time-consuming cases seeking clarification of regulations that are incompatible with European legislation. The EOC looks forward to working with the Secretary of State and officials to find a suitable resolution."
The Secretary of State for Trade and Industry, Alistair Darling, has seven days to appeal against the judge's decision or amend the regulations.