Workers get more protection from sexual harassment under new rules

The age old rule that the customer is always right is no longer the case, if they are found to be sexually harassing employees of supplier companies, warns an employment specialist at Preston law firm, MWR Solicitors.

Bosses who donít take steps to protect their employees from sexual harassment from third parties, such as a customer, a supplier or any other person they come into contact with whilst in the work place are now liable for legal action, under new rules that came into force in April.

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Sadiq Vohra, employment partner at the Cannon Street based law firm, MWR Solicitors said: ìEmployees have previously only been protected from harassment from colleagues, but this rule change means that if an employee has already reported two instances of sexual harassment from a third party and it happens again, they have the right to claim compensation from their employer.

ìThe new rules will mainly affect employers with client-facing which affects many industries such as leisure, retail, service and even education.î

The government was forced to amend the law following the then Equal Opportunities Commissionís (now part of the Equality and Human Rights Commission) decision that the government had failed to adequately uphold the European Equal Treatment Directive.

Sadiq concluded: ìThis change to the law does present a certain challenge to employers as they will more than likely have more difficulty in exerting their authority over a customer or supplier, than they do with their own employees.

ìHowever, bosses need to be aware that although it may be uncomfortable to confront a third party, especially a large customer, they have to do so because failure to protect their employee from this type of sexual harassment, could result in a claim against them for uncapped and extensive compensation.î