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Don't call the barmaid 'love', by order of Harriet Harman
Last updated at 20:22pm on 31.03.08Bar managers and store owners face large-scale compensation claims if their customers ogle their barmaids, waitresses or check-out staff.
New sex discrimination laws also mean that landlords who allow loud sexist jokes or banter among drinkers could be taken before a tribunal.
The regulations say that bosses are responsible for protecting their staff from sexual harassment by customers - and that those who fail to do so can face unlimited compensation claims.
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Pub rules: Bet Lynch and Mike Baldwin in Coronation Street - bar managers and store owners face large-scale compensation claims if their customers ogle their barmaids, waitresses or check-out staff
They mean that a pub landlord could be sued if a bar worker complains about being called "love", or over customers telling each other off-colour jokes.
Restaurant managers or hoteliers risk action if staff object to backchat from diners or guests asking for a date.
By order: Women and Equalities Minister Harriet Harman
Lawyers said yesterday that businesses will need to show they have tried to clamp down on sexual harassment of workers by customers if they are to guard against the risk of compensation claims.
They advised pub operators to put up warning notices telling drinkers that "harassment is not tolerated".
The regulations were pushed through by Women and Equalities Minister Harriet Harman, who has powers under European legislation to amend discrimination law.
Miss Harman has used a statutory instrument that does not require a division or debate in Parliament.
Complying with the rules is likely to cost "micro and small" businesses more than £10million, according to an assessment by the Government Equalities Office.
Last year the High Court ruled that existing sex discrimination law was not strong enough to meet the demands of European directives.
However the regulations - which will come into force on Sunday - have sweeping implications for employers, especially in the pub, restaurant and hotel trade.
Stuart Chamberlain, an employment law specialist at Consult GEE, said: "Employers may feel uncomfortable about confronting clients but they need to be aware that failing to take action could result in a claim for compensation, including for injury to feelings.
"Shops, bars or gyms may be able to put up notices explaining that harassment of staff is not tolerated by the management.
"However, professional services companies who encourage staff to socialise with clients may find it far more difficult to convey that message."
The rules allow tribunals to award unlimited damages for injury to feelings if a case is proved.
The burden of proof will lie with employers. There will be no need for workers to show their employer allowed harassment to happen - instead, managers must demonstrate that they were not at fault.
Workers must show they suffered three incidents of harassment before they can make a claim. The incidents can involve different customers, so it will not be enough for a bar manager to ban just one difficult drinker.
The kind of behaviour that amounts to harassment will be for a tribunal to decide. If an employee can prove she was hurt or upset, being called "love" or "darling" repeatedly might be enough to win compensation.
Jill Kirby of the centre-Right think tank Centre for Policy Studies said: 'This latest round of discrimination legislation has moved far beyond common sense. It will bring the law into disrepute.
"It is trying to legislate against everyday behaviour. People will start to be afraid if they call someone young lady or my love. It is impossible for an employer to control customers in this way."
Stephen Alambritis, of the Federation of Small Businesses, said: "It really is unfair to employers to expect them to vouch for every customer, including those who aren't regulars.
"Landlords will have to sit around trying to listen in on customers' conversations, rather than having any rest period or break.
"We would hope that common sense would prevail without the need for heavy-handed legislation that leaves employers immensely worried.
"Pubs are mostly well run in this country and landlords know when to step in and calm things down. They should be trusted to do so."
The laws will be policed by the Government's Commission for Equality and Human Rights. A spokesman said: "When employers know that harassment is going on they are in a position to do something about it."
The commission said the regulations are aimed at dealing with the "particular problem" of harassment in the hotel and restaurant trade, which employs 670,000 women.
The European Equal Treatment Directive which the regulations will enforce says that women at work should not be "subjected to any conduct related to their sex which violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment".
Reader views (19)
People here in Yorkshire call each other "love" all the time.
- Geoff Kerr, Todmorden UK
I have come to the conclusion that if our Harriot had a brain she would be classed as dangerous, along with the rest of the Government.!
- Gerry Bradbury, Wem Shropshire
Yet again, Harman has shown her true colours as an out and out right feminist intent on causing division between the sexes. Remember also that Deputy Leader Harriet Harman it was who once said of men/fathers that their need and worth is unproven! Far better would she be were she to concentrate on Top Family Court Judge Justice Coleridge who rightly so has launched a devastating attack on our fractured society and puts the blame squarely on her governments shoulders.
- Mike Ellis, Bideford UK
How pathetic can one get. Harriot Harmon should get another job if she hasn't anything else better to do.
- Suzanne Tozer, Truro, England
Oh come on... this has got to be an April Fool! If it's not then it becomes obvious that the government have planned to completely wipe out the hospitality trade. The smoking ban has already closed hundreds of pubs and clubs, something like this will finish off another huge number!
- Susie, Shropshire England
Is this really all Harman has to worry herself about? What a complete waste of time and effort. She would, and should, have been better concentrating on some of the real issues facing this country!
- Craig, Pinner, Middlesex
This thing is wrong and unworkable at so many levels that the mind boggles at the belief that supposedly sensible people can demand this of people who voted them into power. Aren't they aware that these votes, once given, can be taken back eventually?
Sensible laws will hold over from previous administrations, even some that are intrusive at times.
Others, like this one, will be "reviewed" by more sober minded newbie politicians when they get into power as such ideology-based laws will cause untold problems for landlords, restaurant owners, service industry managers and the general public alike due simply to the fact that it is set up for the people concerned to fail.
For the democratic rule of law to work you have to have a public willing to accept those laws. Its simple really.
- Rogan, Irving
What is wrong with these idiots. Is the present generation narrow minded? In my young days we laughed at everything. No frustration in those days.
- Mick Read, Peachland, Canada.
This law is sexist in itself, what if the member of staff is male, and offended by jokes etc?
- Neil Grinsell, London
Yet more diktat and bureaucracy imposed upon us by the Stalinist New labour regime. What an unlovely crew they are.
- James Elliott, Eastbourne UK
What a hideous PC correct world nu labour are creating. I agree that people shouldn't make unwanted sexist comments, but the idea that banter amongst drinkers or customers could be reported is the most fascist 1984 idea yet from the government.
- Dr Finlays Casebook, London, UK
I completely agree with Harman. I have been sexually harassed at work and also got very fed up of being sexualised when I used to do bar work and waitressing. Things have got to change. Men need to understand this is not an acceptable way to address a woman and never was.
- Real, London
Harriet, make us a cup of tea, love.
- Nobby Clark, Perth, UK
Harriet Harmon - the unacceptable face of political correctness.
- Jeremy E, London UK
A lot of women do get grief from customers who wont say no and Benny Hill style managers. The poor barmaid is a 'captive. stuck behind the bar, for often hours on end. How would you like it if it was your wife or girlfriend? Having to endure drunks coming on to you.
Now they have law on their sides.
- Paul, Bromley
It's only jealousy - bet nobody's called Miss H "love" in a long time!!
- Robin, Brentford, UK
Look, Harriet, no one's going to harass you (not even Blunkett), so why not go and make us all a nice cup of tea?
- Paul, London
Harman should have been put out to grass long ago. Nu Labour have introduced so many new laws and instant fines in order to try and dictate the way people live that they are destroying the English way of life and freedom.
At the same time, the way they live is a bad example to us all. You have only to look at Prescott, the Speaker et al.
- Bill, London
This silly woman is one of the reasons why people are deserting Labour in droves. Brown must get rid of her and soon.
- Anthony, London
