A recent report from the Employment Equality Agency ('the EEA') and a growing number of alarming reports from the US should prompt employers to consider a review of their existing anti-harassment/discrimination policies, or the introduction of such a policy.

Employers will recollect the £140,000.00 judgment for damages by a jury against a publican for sexual harassment in November 1997 (now under appeal).

Last year the EEA dealt with 266 enquiries on sexual harassment and had 116 specific complaints. This exceeded by far the number of general complaints about working conditions. The Agency has reported that sexual harassment has topped its complaints league throughout the 1990s but it is unclear whether these figures represent a growing problem or reflect the fact that more people are willing to report it.

The new Employment Equality Act, 1999, which is likely to come into effect early next year, will outlaw sexual harassment. This is defined as any sexually offensive, humiliating or intimidating action, involving acts of physical intimacy, spoken words, gestures or the production, display or circulation of written material or pictures, or requests for sexual favours, which is unwelcome by the other party.

The Act imposes a wide liability on a employer for sexual harassment by their employees, clients, customers or other business contacts, if the employer ought to have taken reasonable steps to prevent such harassment. The acts complained of could occur at the work place or elsewhere in the course of the complainant's employment.

The existence of an appropriate work policy at a place of work may not itself be a complete defence, but it will certainly assist. Such a policy should also assist in ensuring that concerns are dealt with in a transparent and effective way at an early stage.

Clients interested in introducing policies or reviewing their existing policies should contact our Employment and Pensions Group. We have a draft master policy addressing equal opportunities, disablement and harassment at work and a complaints disciplinary procedure which can be tailored to individual needs.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.