The JST Lawyers employment specialist on the EU's Equal Treatment Directive
This new legislation, introduced last month, has caused a great deal of controversy mainly because it effectively outlaws the “chatting-up” of bar staff and others working throughout the hospitality industry.
However, professionals throughout Liverpool must look beyond the headlines as the Equal Treatment Directive affects any business with customer-facing staff and could leave employers facing unlimited compensation payouts.
It is designed to complement existing laws such as the Sexual Discrimination Act 1975 to offer employees greater protection against sexual harassment.
The Act has been regularly updated since its introduction to ensure that it keeps pace with modern society.
Under the new law, employers could be sued by staff that are subjected to sexual harassment by customers, suppliers and other individuals they encounter due to work purposes.
Sexual harassment can constitute explicit acts such as a sexist joke, remark or physical action and what some individuals may perceive as slightly more ambiguous or unintended acts such as calling somebody “love” or “darling”.
Furthermore, employers also risk being sued by other employees who may be indirectly exposed to the harassment as a bystander.
Employers should consider training staff in how to handle customers to minimise the potential of sexual harassment, implementing clear procedures for dealing with incidents and refreshing customer and supplier agreements to incorporate what is deemed as inappropriate behaviour.
Taking a proactive approach to understanding the new legislation will help employers to mitigate the potential risks and costs, while continuing to safeguard employee welfare.