Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Workplace sex bias

by Personnel Today 30 Oct 2001
by Personnel Today 30 Oct 2001

Sex discrimination issues are the flavour of the month. On
12 October the Burden of Proof directive was implemented into the law in the UK
and the Equal Opportunities Commission has also just published a new guide on
sexual harassment in the workplace, containing some worrying statistics and
accompanied by a racily entitled leaflet called "What would you do if your
boss asked you for a blow job?"

 

Background

 

The implementation of the Burden of Proof directive here
should significantly strengthen the position of applicants in sex
discrimination cases. It formalises the position whereby an applicant merely
needs to show the basis of a case, before the burden of proof then passes to
the employer to demonstrate that sex bias had not in fact occurred. In some
ways, the new law goes beyond the previous case law position, which allowed
tribunals to draw inferences on sex discrimination without the need for actual
proof, but prevented tribunals from drawing inferences where there was no
reasonable evidence from which to draw them.

 

Now the position might well be that the applicant would win
if the employer has not positively discharged its burden of proof in
demonstrating that sex discrimination had not in fact taken place. This makes
it even harder for employers who, as we saw in Letter of the Law of 7 August
this year, already face rather difficult evidential difficulties in many
cases. 

 

Sex harassment research

 

The EOC’s research has shown that more than 50 per cent of
women and nearly 10 per cent of men have experienced some form of sexual
harassment at work. But only 5 per cent of those suffering sexual harassment
ever make a formal complaint, and of those who do, only 10 per cent ever get as
far as a tribunal hearing. The EOC’s research shows that many were either too
embarrassed, feared they would not be believed or thought they could handle it
for the sake of their careers rather than bring a claim.

 

The EOC is now giving online advice on its website
(www.eoc.org.uk) and is determined to get the issue aired in a more public way
– hence its leaflet referred to above. It is also publicising the other
increasing awards for injury to feelings 
and the fact that even jail sentences have been given to managers for
indecently assaulting female employees. 

 

Conclusion

 

Employers need to bear in mind the new Burden of Proof rules
in sex discrimination cases and take notice of the EOC’s new stance. Harassment
policies should be reviewed and linked to disciplinary and grievance procedures
in the appropriate way.

 

Personnel Today
Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Lack of training holds UK firms back
next post
Sept 11 sparks culture change

You may also like

Barrister wins gender critical belief discrimination claim

27 Jul 2022

‘Patchy’ mental health services failing ethnic minority communities

11 Jul 2022

Global study highlights hypertension treatment failings

8 Jul 2022

NICE sets out new guideline on managing depression

8 Jul 2022

Half of employees struggle to switch off on...

8 Jul 2022

Five steps for organisations across the globe to...

8 Jun 2022

The Search for Talent: Six Major Employer Pitfalls

24 May 2022

Grants scheme set up to support women’s health...

16 May 2022

How music can help to ease anxiety at...

9 May 2022

OH will be key to navigating ‘second pandemic’...

14 Apr 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+