October 1: New definitions of harassment are introduced

The Employment Equality (Sex Discrimination) Regulations 2005 introduce new definitions of sexual and sex-based harassment from 1 October 2005.

The Regulations amend the Sex Discrimination Act 1975 to implement the amended Equal Treatment Directive, which prohibits both sex-based harassment and sexual harassment.

Sex-based harassment happens where 'unwanted conduct related to the sex of a person occurs with the purpose or effect of violating the dignity of a person, and of creating an intimidating, hostile, degrading, humiliating, or offensive environment'.

Sexual harassment happens where 'any form of unwanted verbal, non-verbal or physical conduct of a sexual nature occurs, with the purpose or effect of violating the dignity of a person, in particular when creating an intimidating, hostile, degrading, humiliating, or offensive environment'.

The Regulations also amend the definition of indirect sex discrimination to make it consistent with other equality legislation and make clear that less favourable treatment on the grounds of pregnancy or maternity leave will amount to unlawful sex discrimination.

  • Employment Equality (Sex Discrimination) Regulations 2005    Read the full text of the Regulations on HR & Compliance Centre's legislation service.

  • Changes to Sex Discrimination Legislation in Great Britain (Microsoft Word format, 1MB) and Bullying and Harassment at Work: A Guide for Managers and Employers The Women and Equality Unit and ACAS websites provide guidance on the changes.

    Also

    New sexual harassment Regulations   From IRS journal European Industrial Relations Review.

    Employment Equality (Sex Discrimination) Regulations 2005: An EOR guide    Michael Rubenstein, co-editor of IRS journal Equal Opportunities Review, summarises the key changes introduced by the new Regulations.

    New employment law provisions in force from 1 October 2005   IRS Employment Review rounds up the main changes coming into force on 1 October 2005.

    New definitions of harassment criticised    The new definitions of sexual and sex-based harassment included in the consultative draft Regulations to amend the Sex Discrimination Act are unworkable, argues Michael Rubenstein.

    Amending the Sex Discrimination Act   By Michael Rubenstein, co-editor of EOR.

    New definitions may simplify sex discrimination claims   Legal definitions of sex-based and sexual harassment, effective from October, may end confusion over how to judge sex discrimination claims involving harassment, argues lawyer Makbool Javaid.

    Sex discrimination   HR & Compliance Centre's employment law reference manual offers guidance on sex-based and sexual harassment, including details of the new definitions.

    Sexual harassment: case law   HR & Compliance Centre's case law reports section rounds up what the courts have said about sexual harassment.