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ARTICLE · 25 MAY 2005

Sex Discrimination - Changes in the Pipeline

Mishcon de Reya LLP
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The Government has launched consultation on proposed changes to the Sex Discrimination Act (<B>"SDA"</B>), expected to be implemented on 1 October 2005. In this month's briefing, we highlight the main changes. We also report on a recent Court of Appeal case which focused on whether employees are entitled to holiday pay under the Working Time Regulations when they are on long-term sick leave.

United KingdomEmployment and HR
James Libson
James Libson
Joanna Blackburn
Joanna Blackburn

The Government has launched consultation on proposed changes to the Sex Discrimination Act ("SDA"), expected to be implemented on 1 October 2005. In this article, we highlight the main changes. We also report on a recent Court of Appeal case which focused on whether employees are entitled to holiday pay under the Working Time Regulations when they are on long-term sick leave.

Updating the SDA

The Government is proposing changes to the SDA to ensure that it complies with amendments to the EU Equal Treatment Directive. Member States have until October 2005 to implement these changes.

Firstly, a new definition of harassment will be inserted into the SDA. Similar provisions prohibiting harassment are already contained in the legislation dealing with other types of discrimination. Currently, an employee wanting to bring a claim for sexual harassment would have to rely on case law, but with the new express prohibition on sexual harassment, this will constitute a separate form of

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