EMPLOYMENT specialists are warning about key changes to the law governing sex discrimination and maternity rights .
Mace & Jones head of employment law Martin Edwards said the Government has issued important new regulations from April 6, and estimates the maternity leave changes – bringing in the same conditions for ordinary maternity leave as well as any additional time taken – will cost employers £156m.
Changes to what constitutes harrassment have also been broadened.
“It is vital employers are up to speed with these significant changes which will require them to review their policies and practices,” he said. “The difference in the treatment of Ordinary Maternity Leave and Additional Maternity Leave for terms and conditions will be removed.”
The changes apply to those whose expected week of childbirth is on or after October 5.
“The government estimates this will cost employers £156m, so it could be significant, particularly when coupled with more women taking additional leave with the extension of maternity pay to 39 weeks and ultimately 52.”
Mr Edwards said the other key difference is for employers who provide benefits based upon service, but have excluded time spent on additional leave, as this will need to change.
“This will apply to NHS Trusts and most public sector organisations,” he said. “All maternity leave will now need to count for these benefits and rights not just the period on ordinary leave.”
Further important changes included broadening the definition of harassment.
“Harassment will become unwanted conduct "related to her sex", instead of "on the grounds of sex". This new definition will cover a wider range of conduct as the harassment is only required to be associated to the victim's gender, not caused by it. What will now be covered includes "jokes" about mother-in-laws and women being poor drivers, which are clearly related to gender but may not really be motivated by it. In practice, we would be surprised if this changed employers' practices, but it will limit our ability to run certain arguments as a defence.”
Mr Edwards added that employers will now be liable for sexual harassment of employees by people who are not employees.
“This will apply where the employer knows the employee has been subject to harassment on at least two occasions by someone who is not a work colleague and the employer has failed to take such steps as would have been reasonably practicable to prevent members of the public and service users harassing the employee,” he said.
“Importantly, the three incidents of harassment only need to be to the same employee, not by the same person. This change could be very important for organisations whose employees have contact with the public, patients or service users - particularly in areas where the public can be rude or abusive.
"Once an employee has been harassed twice, employers now have a duty to positively take all practicable steps, failing which discrimination will be found - this could be very tough in practice and increases the importance of fully dealing with employee complaints about non-employees.”