law to protect barmaids from being called 'love'

pantsonfire321@aol.com · Tue Apr 01, 2008 11:48 pm

Don't call the barmaid 'love', by order of Harriet Harman

By STEVE DOUGHTY - More by this author »

Last updated at 11:39am on 31st March 2008

Bar 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.

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".

Santanico · Post by **Santanico** » Wed Apr 02, 2008 12:00 am

:rolleyes: The world has gone PC mad!

How ridiculous. If you're likely to be offended by drunk people being drunk people, a pub is probably not the best place to work.

pantsonfire321@aol.com · Wed Apr 02, 2008 12:06 am

Santanico;823542 wrote: :rolleyes: The world has gone PC mad!How ridiculous. If you're likely to be offended by drunk people being drunk people, a pub is probably not the best place to work.

Exactly .

Its a shame they don't care more about the idiots who get tanked up in the pub and go out and beat people to a pulp .:-5

Santanico · Post by **Santanico** » Wed Apr 02, 2008 12:15 am

pantsonfire321@aol.com;823547 wrote: Exactly .

Its a shame they don't care more about the idiots who get tanked up in the pub and go out and beat people to a pulp .:-5

That would make sense, but there's no money in that for anyone. At least this way, someone can shaft someone else for their own benefit.

"Oh no, someone called me love, I'm gonna need a couple hundred thousand dollars to get over it!"

Hope6 · Post by **Hope6** » Wed Apr 02, 2008 1:16 am

Oh man! i wouldn't think twice about being called "love"! i guess it's a southern thing here in America but i get called darlin, sweetheart, hunny or baby pretty much every time i go anywhere, it's just how people talk here!:wah:

Santanico · Post by **Santanico** » Wed Apr 02, 2008 1:19 am

Same here! Especially old guys, they just call young ladies love, or darlin, or sweetie. I can't believe anyone would be upset by it!

Hope6 · Post by **Hope6** » Wed Apr 02, 2008 1:21 am

Santanico;823577 wrote: Same here! Especially old guys, they just call young ladies love, or darlin, or sweetie. I can't believe anyone would be upset by it!

that's right, i'm not upset by it, because i know they don't mean anything by it, it's just the way people talk here!:wah:

Victoria · Post by **Victoria** » Wed Apr 02, 2008 5:31 am

OMG .

You know the one thing I miss about England is the mild flirting and lovely pet names that you encounter everwhere.

Being called pet, hun, my love, sweetheart ect its great. And now I'm over 40 being called young lady is a real treat! :-4 Of course there are those who do say things that out of order but they are the exception.

There are far more pressing and real problems for Ms Harman to be getting to grips with or maybe shes jealous that no-one has called her sweetheart lately?

qsducks · Post by **qsducks** » Wed Apr 02, 2008 5:36 am

That's they way it is here in the US too - just a little form of flirting, so what! Doesn't offend me one bit.

hoppy · Post by **hoppy** » Wed Apr 02, 2008 5:47 am

We gotta keep lawyers busy. Otherwise, they tend to get fat and stupid, like politicians.

Peg · Post by **Peg** » Wed Apr 02, 2008 6:44 am

If I were that easily offended, I wouldn't be working in a bar. If the person goes too far, you ask them to leave. Simple as that. Unfortunately, not all bar owners allow that. If I'm not in charge while I'm behind the bar, I'm not going to work there.

abbey · Post by **abbey** » Wed Apr 02, 2008 11:46 am

I hate being called "Love" or any other term of endearment by someone unknown to me.

I find it really patronising, especially if they are younger than me.

YZGI · Post by **YZGI** » Wed Apr 02, 2008 11:53 am

abbey;824263 wrote: I hate being called "Love" or any other term of endearment by someone unknown to me.

I find it really patronising, especially if they are younger than me.
I know where you are coming from sweety pie..

abbey · Post by **abbey** » Wed Apr 02, 2008 12:00 pm

YZGI;824269 wrote: I know where you are coming from sweety pie..

:wah: Sod off!

YZGI · Post by **YZGI** » Wed Apr 02, 2008 12:04 pm

abbey;824280 wrote: :wah: Sod off!
I get that a lot honey.:wah:

Chezzie · Post by **Chezzie** » Wed Apr 02, 2008 1:22 pm

pc gone mad.............lovie:sneaky: