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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact buddy@clarkslegal.com. Click here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.
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 Suggestive remarks
 
creynolds
99 posts
Joined
12/12/2006
Suggestive remarks
Posted: 14 Apr 08 12:28 PM
This week buddy was asked:  One of our barmaids has complained to us that some particular customers make her feel uncomfortable when they make suggestive remarks.  The bar manager has ignored her concerns and let the taunts continue, and after raising the issue a third time, the bar manager has told her that it is “part and parcel” her job and that it isn’t his problem.  Is he right?
creynolds
99 posts
Joined
12/12/2006
Re: Suggestive remarks
Posted: 21 Apr 08 10:08 AM

Buddy says: No. Every employee has the right not to be harassed in their place of work, whether the harassment comes from another employee or a third party.  Such harassment could render the employer liable under the Sex Discrimination Act 1975.

Employer information:  The Sex Discrimination Act 1975 (Amendment) Regulations 2008 came into force on 6 April 2008, amending the Sex Discrimination Act 1975 (SDA).  Regulation 4 inserts a new section 6(2B) into the SDA.  The new section provides that an employer is liable for the actions of a third party, where:

  • A third party subjects a female employee to harassment in the course of her employment;
  • The employer fails to take reasonably practicable steps to prevent the third party from doing so; and
  • The employer is aware of the woman being subjected to harassment in the course of her employment on at least two previous occasions.

Since all three limbs have been satisfied in this case, the employer could therefore be liable for harassment of the barmaid by any third party.  It does not matter whether the third party is the same or a different person on each occasion.
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