Pubs liable for sexual harassment

Related tags High court ruling Law Harassment

A court
A court
Licensees could face legal action if staff are sexually harassed by the public, following a High Court ruling. A raft of legal claims have been...

Licensees could face legal action if staff are sexually harassed by the public, following a High Court ruling.

A raft of legal claims have been predicted following the judgement and licensees are urged to do what they can to protect staff against abuse.

Mr Justice Burton ruled that an employer is liable for sexual harassment if they know it is taking place but fail to act.Women and men would be protected from harassment in any job where they encounter the public​Martin Edwards, head of employment law at law firm Mace & Jones

This represents an extension of the law because it applies to members of the public as well as other members of staff.

Burton also ruled that women must be protected by sex discrimination laws if they are denied certain benefits during maternity leave, such as being consulted about changes in the organisation.

The judgements were given as Justice Burton ruled that the Government failed to meet its obligations on workers rights under EU law. The Government was taken to court by the Equal Opportunities Commission (EOC), which accused it of failing to implement a European directive to increase protection for female workers.

Burton gave ministers until next week to overhaul the equality laws to strengthen women's rights.

Martin Edwards, head of employment law at law firm Mace & Jones, said:"Women and men would be protected from harassment in any job where they encounter the public - from pubs and hotels to hospitals and airports."

Edwards said the decision 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,"​ he added.

Related topics Other operators

Property of the week

Follow us

Pub Trade Guides

View more