The legal dangers of making what might be regarded as ‘sexist’ remarks in the workplace are greater than ever before, following changes to the law that came into force on 6 April 2008.

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.

A deluge of such cases is not expected 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.

Another 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 employers with public-facing staff like pubs and shops, as well as public sector organisations including benefit offices and schools. As a minimum, it is recommended 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. However they do need to appreciate that failure to act may end up in compensation claims from their own employees.

Anyone wishing to understand how these changes will affect their business should seek legal advice – call our employment department on 01491 572138.