Changes to sex discrimination laws

Amendments to sex discrimination legislation, reflecting a High Court decision that changes to the Equal Treatment Directive were not properly implemented, are expected to come into force on 6 April 2008.

On 1 October 2005, the Employment Equality (Sex Discrimination) Regulations 2005 amended the Sex Discrimination Act 1975 to implement the amended Equal Treatment Directive, which prohibits both sex-based harassment and sexual harassment. The Regulations also amended the definition of indirect sex discrimination to make it clear that less favourable treatment on the grounds of pregnancy or maternity leave amounts to unlawful sex discrimination.

The High Court, in judicial review proceedings, agreed with the Equal Opportunities Commission that it is necessary to amend various aspects of the legislation, as they do not comply with the Directive.

It said that the definition of harassment in the amended Act is too narrow and does not reflect the broad protection in the Directive. For example, the Act appears to give no protection to women harassed by clients, even where the employer knows of the harassment but fails to prevent it. Women's rights during maternity leave are also unclear, with uncertainty as to whether or not they are protected if denied certain rights during additional maternity leave, such as being consulted about organisational changes or receiving an appraisal. In addition, the Court agreed that there should be no need under the Sex Discrimination Act 1975 for a comparator (the same woman but not pregnant or on maternity leave) in pregnancy and maternity leave claims.

• Equal Opportunities Commission v Secretary of State for Trade and Industry [2007] IRLR 327 HC XpertHR's case law reports service provides summaries of the decision.