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Businesses are being warned to prepare for potential new sexual harassment rights following a major High Court ruling.
Leading UK law firm Mace & Jones says a recent ruling could ultimately mean women or men subjected to sexual humiliation or harassment by members of the public in the course of their jobs will be allowed to claim against their employers.
Mace & Jones’ head of employment law Martin Edwards said the High Court has insisted that harassment laws must protect women not only from abusive bosses and colleagues, but also from customers, clients and others.
“Women and men would be protected from harassment in any job where they encounter the public – from pubs and hotels to hospitals and airports,” he said.
Mr Edwards said the decision, in a challenge brought by the Equal Opportunities Commission (EOC), could prompt a large number of tribunal claims over harassment unless employers act quickly.
“The EOC’s main target is the hotel and restaurant trade, but the ruling goes much further,” he added. “Workers, mainly women but also men, would equally be protected in hospital or transport industry or working in professional service sectors like law and accountancy.”
Mr Edwards said employers needed to be aware of the duty of care to their workers. Sexual abuse and harassment can be almost an occupational hazard in jobs such as bar-tending or working in hospital accident and emergency departments.
Although employers cannot eliminate these risks entirely, they must take steps to reduce them as far as possible and to ensure that workers know how to react. Failure to do so could leave employers vulnerable to claims in tribunals.
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