Employers to be liable for sex harassment of staff by public

Licensees could face legal action if members of staff are subjected to sexual harassment by the public, following a High Court ruling.

A raft of legal claims have been predicted following the judgment 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.

This represents an extension of the law because it applies to members of the public as well as to 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 judgments were given as Justice Burton ruled that the Government had 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 Euro-pean directive to increase protection for female workers.

Burton gave ministers until 20 March to overhaul the equality laws to strengthen the rights of women.

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 ruling could prompt a barrage of harassment claims.

"Sexual harassment can be almost an occupational hazard in jobs such as bar-tending. Although employers

can't eliminate such a risk entirely, they must take steps to reduce it as far as possible and to ensure that their workers know how to react. Failure to do so will leave them open to claims in tribunals."