LAW
REQUIRED OF YOU TO COMPLY WITH LEGAL AND HEALTH & SAFETY LEGISLATION
WHAT’S
New Sex Discrimination Regulations in force
1 October 2005 saw the introduction of the Employment Equality (Sex Discrimination) Regulations 2005. For employers in England, Wales and Scotland the regulations tighten the rules on how businesses deal with issues of sex discrimination. The Sex Discrimination Act (SDA) now
requires employers to make it clear to staff that any behaviour that might offend another person, violate their dignity or create a hostile environment could be unlawful.
The amendments include:
• A new definition of indirect sex discrimination.
• Prohibition on harassment and sexual harassment.
• Clarification that less favourable treatment of women on grounds of pregnancy or maternity leave is unlawful sex discrimination.
• An amended exception to the SDA, whereby an employer could refuse to offer a particular job to someone who was intending to undergo, was
undergoing or had undergone gender reassignment.
The regulations expand the definition of sex discrimination and spell out the way a person’s dignity can be violated by a hostile, degrading or offensive environment. So, for example, a colleague making remarks about a woman’s appearance could be accused of sexual harassment.
Employers must now provide a working environment free from victimisation and harassment on sexual grounds, and this includes office parties and events. The amendments will mean people will have to be careful during and after celebratory occasions in case they make uncalled for comments, lewd remarks, indecent proposals or rude suggestions that might be taken the wrong way. If a person claims they have suffered discrimination or harassment, employers are obliged to respond to their complaint within eight weeks. If they fail to do so, it could count against them in an employment tribunal.
Mobile phones - consider the Health & Safety issues
I amworried about ur safety so get back to work
It is accepted that mobile phones are often used at work. They can have benefits for safety, efficiency and convenience of employers and staff. Lone workers for example are able to call for assistance and be contactable as necessary.
Since December 2003, it has been an offence to use a hand- held phone, or similar device, when driving. These regulations, however, only apply to the drivers of motor vehicles on the road. They do not cover the use of tractors, sit on mowers etc. driven on sports fields, parks etc. Employers have legal duties to
protect the health and safety of their employees and the general
public. The Health and Safety Executive advises employers that they should instruct staff not to use mobile phones while driving, or doing anything else where safety is important and their use might interfere with concentration.
This ‘anything else’ can cover the use of any
machinery/equipment, and ‘doing’ can include any other potential distraction such as listening to ipods. There is a responsibility on the employer to provide the employee with clear, written guidelines on what is acceptable and what is not acceptable at work.
Similarly, the employee has a duty to take reasonable care to safeguard their own health and safety as well as that of others and a duty to cooperate with their employers on all matters relating to Health & Safety. Many employers have banned the use of mobile phones and ipods during work hours, and unauthorised use is a disciplinary offence. It may seem draconian but, bearing in mind the possible injury that could occur to the employee, fellow worker or passer-by, it is also the most sensible approach.
The Health & Safety Executive advise not to use mobile phones where safety is important
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