Tue, Apr 01, 2008 page12

• New UK law to protect workers from customers

  • THE GUARDIAN
  • • 
    • 
    • 

  Employers in the UK will be duty-bound from next week to protect their staff from sexual harassment by customers, suppliers and others they encounter in the course of their work.

  Workers are already protected from harassment by colleagues, but under new rules which come into force on Sunday, they will be able to seek damages from employers who fail to take reasonable steps to protect them from harassment by a third party, providing bosses knew that at least two incidents had already taken place.

  The government was forced to change the law after the-then Equal Opportunities Commission (EOC) -- now part of the Equality and Human Rights Commission -- won a ruling that the government had failed to properly implement the European equal treatment directive.

  This requires workers to be protected from "any unwanted conduct related to their sex which violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment."

  The rules are expected to have their biggest impact in the catering, hotel and retail trades.

  The EOC told the high court that sexual harassment by customers was rife in the hotel and restaurant industry, which employs 670,000 women.

  Stuart Chamberlain, an employment law expert at human resources adviser Consult GEE, said: "These new rules will affect any organization that employs client-facing staff, such as bar and waiting staff, and those who work in the professional services sector, as well as teachers and other public sector staff."

  However, the changes present a fresh challenge for employers, who will be able to exert far less authority over their customers or clients than over a member of staff.

  Employers may feel uncomfortable about confronting clients about inappropriate behavior, but they need to be aware that failing to take action on this could now result in a claim for compensation, including "injury to feelings," under the Sex Discrimination Act.

  A Canadian study of retail employees 10 years ago found that a majority had been sexually harassed by customers in their job but were reluctant to confront the perpetrators or complain because the work environment emphasized customer satisfaction.

  They were likely instead to avoid male customers and be less friendly, which could affect their job performance.

  Chamberlain said that it was important to realize that all three incidents of harassment need not have been caused by the same person for a claim to be made.

  "Employers may be able to refuse to admit a customer who has harassed staff in the past, but this does nothing to prevent another individual harassing the same member of staff in the future," he said.

  "Shops or bars may be able to put up notices explaining that staff harassment is not tolerated," he said.

  "However, professional services companies who encourage staff to socialize with clients may find it difficult to convey that message," Chamberlain said.
• Most Popular

  • 1

    Bologna advance to face AC Milan in Coppa final

  • 2

    Taiwan ranked as the cheapest travel destination

  • 3

    Wolves hold off Lakers 116-104 to take series lead

  • 4

    Taiwan in Time: Taiwan’s first high school for Taiwanese students

  • 5

    Taiwan would benefit from integrated theater: expert