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The Sex Discrimination Act has been updated by use of a special statutory instrument by Harriet Harman, Minister of State for Equalities.

Employers must now protect their employees from repeated acts of harassment by third parties, where the employee has complained of such harassment and the employer has failed to take reasonably practical steps to prevent it. This includes members of the public and external third parties attending business meetings. This is particularly relevant for those working in hospitality.

Compensation for injury to feelings may occur when an employer knows that their employee is being repeatedly sexually harassed by a third party but fails to take reasonable steps to prevent it.

Employers have criticized the speed with which employers have had to adapt and respond to the updated Act, effective from 6 April 2008.

Provisions to extend the right of protection for prospective mothers have also been introduced. Mothers of children born on or after 5 October 2008 can expect full entitlement to benefits like company cars for 12 months rather than the existing 6 months.

Finally, employment tribunals can now award uncapped compensation limits to successful claimants on the grounds of sexual harassment.

This information is also very timely given the government’s recent announcement of the proposed Equality Bill. Amongst other things, employers will be able to offer positions to those from under-represented groups, in order to make their workforce more diverse. This option for employers will only apply when there are two candidates who are equally qualified.