The Sex Discrimination Act 1975 (Amendment) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/656 |
| Year | 2008 |
2008 No. 656
Sex Discrimination
The Sex Discrimination Act 1975 (Amendment) Regulations 2008
Made 8th March 2008
Laid before Parliament 14th March 2008
Coming into force 6th April 2008
The Lord Privy Seal, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 19721in relation to discrimination2, in exercise of the powers conferred by that section makes the following Regulations:
Citation, commencement, application, extent and interpretation
1.—(1) These Regulations may be cited as the Sex Discrimination Act 1975 (Amendment) Regulations 2008.
(2) These Regulations shall come into force on 6th April 2008.
(3) The amendments made by regulation 5 apply only in relation to a case where a woman’s expected week of childbirth as defined in regulation 2(1) of the Maternity and Parental Leave etc. Regulations 19993(interpretation) begins on or after 5th October 2008.
(4) These Regulations do not extend to Northern Ireland.
(5) In these Regulations “the 1975 Act” means the Sex Discrimination Act 19754.
Discrimination on the ground of pregnancy or maternity leave
2.—(1) Section 3A of the 1975 Act5is amended as follows.
(2) In subsection (1)(a) (definition of discrimination on the ground of pregnancy), omit the words “than he would treat her had she not become pregnant”.
(3) In subsection (1)(b) (definition of discrimination on the ground of maternity leave), omit the words “than he would treat her if she were neither exercising nor seeking to exercise, and had neither exercised nor sought to exercise, such a right”.
(4) In subsection (2) (definition of discrimination on the ground of compulsory maternity leave), omit the words following “less favourably”.
Harassment
3. In the 1975 Act, in section 4A(1)(a)6(definition of harassment), for “on the ground of her sex, he engages in unwanted conduct that” substitute “he engages in unwanted conduct that is related to her sex or that of another person and”.
Liability of employers for failing to protect employees from third party harassment
4. In the 1975 Act, after section 6(2A)7(unlawful harassment) insert—
“2B For the purposes of subsection (2A), the circumstances in which an employer is to be treated as subjecting a woman to harassment shall include those where—
(a) a third party subjects the woman to harassment in the course of her employment, and
(b) the employer has failed to take such steps as would have been reasonably practicable to prevent the third party from doing so.
2C Subsection (2B) does not apply unless the employer knows that the woman has been subject to harassment in the course of her employment on at least two other occasions by a third party.
2D In subsections (2B) and (2C), “third party” means a person other than—
(a) the employer, or
(b) a person whom the employer employs,
and for the purposes of those subsections it is immaterial whether the third party is the same or a different person on each occasion.”.
Exception relating to terms and conditions during maternity leave
5.—(1) For section 6A of the 1975 Act8(exception relating to terms and conditions during maternity leave) substitute—
“Exception relating to terms and conditions during maternity leave
6A.—(1) Subject to subsection (2), section 6(1)(b) and (2) does not make it unlawful to deprive a woman who is on maternity leave of any benefit from the terms and conditions of her employment relating to remuneration.
(2) The reference in subsection (1) to benefit from the terms and conditions of a woman’s employment relating to remuneration does not include a reference to—
(a)
(a) maternity-related remuneration...
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