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Employment Law Matters
S7E08 - Defending Sex Discrimination Claims
Nov 14, 2023
Dive into the complexities of sex discrimination in the workplace. Discover the pitfalls of common employer defenses like the 'It's Only Banter' claim. Learn proactive strategies to mitigate claims and the significance of legal representation. Hear insights on crafting effective witness statements and the critical role of evidence in harassment cases. Prepare for valuable upcoming events and resources to enhance your understanding of employment law.
36:59
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Quick takeaways
- The recent amendment to the Equality Act mandates employers to take reasonable steps to prevent sexual harassment, shifting legal expectations significantly.
- Employers must develop proactive strategies and robust policies to effectively manage harassment claims and foster a safer workplace culture.
Deep dives
New Legislation on Sexual Harassment Prevention
A significant update in employment law involves the Worker Protection Amendment of the Equality Act 2010, which was passed recently. This new legislation mandates that employers must take reasonable steps to prevent sexual harassment in the workplace, as the previous expectation of 'all reasonable steps' was amended to 'reasonable steps.' Notably, the initial proposal for employers to be liable for harassment by third parties was eliminated, though discussions continue about its potential return under future Labour governance. Consequently, employers are now drawing attention to the practical implications of this proactive duty, anticipating the need for clear guidelines on what constitutes reasonable measures by the time the law takes effect in October 2024.
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