Fawcett sheds a strong light

The long-anticipated Fawcett Society Report into sex discriminations laws in Britain has highlighted that violence against females is endemic in the UK. Calling on the Government to make significant changes to the law, the need for action has gained further urgency following the allegations of widespread harassment of women workers at the Presidents Club charity dinner.

Although the fawcett society’ s original review into sex discrimination laws followed concerns that Brexit might impact on the protections, which have been built up over many years in this area, its conclusions are damning as to the effectiveness of current laws.

Sam Smethers, the CEO of the Fawcett Society, painted a picture of a “deeply misogynistic culture where harassment and abuse are endemic and normalised”, which was further exacerbated by “a legal system that lets women down because in many cases it doesn’t provide access to justice”.

The report called for the law on third party harassment to be amended to protect women workers.

It called for making ‘upskirting’ an offence, making misogyny a hate crime, making any breach of a domestic abuse order a criminal offence and extending the period in which to bring a claim of pregnancy discrimination to six months after maternity leave ends.

The law on third party harassment area has changed over the last ten years.

At one point, employers were liable for discriminatory conduct towards employees, which might amount to harassment if they could have prevented the conduct.

That position was then changed by case law to one where liability would only arise if there was a discriminatory reason for the employer’s failure to prevent the harassment.

The Equality Act sought to clarify the position, by introducing provisions whereby an employer would be liable for the actions of a third party if a member of staff had been subjected to harassment on three separate occasions.

The legislation was extremely problematic and abolished in 2013.

Since then it has been difficult for a worker to hold their employer to account for the actions of a third party.

This issue is often of particular relevance for those in the hospitality sector. The report called on the government to reintroduce the provisions making an employer liable for harassment but that liability should arise after only one prior incident of harassment.

The report detailed recent research findings where 52 per cent of women reported having been subject to harassment at work, but 80 per cent of those had not complained.

The fallout of the Presidents Club charity event brings into sharp focus the issues of harassment of women at work. It certainly gives credence to the requirement that some protection be given to women working in the hospitality sector. ● Amanda Jones is a partner in Dentons’ employment team