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‘Bastard defence’ no longer available for employers

A report in the Financial Times explains that changes to sex discrimination laws will make it impossible for future claims to be defended by the employer claiming that they are equally unpleasant to all employees.

The so-called ‘bastard defence’ will fall foul of new rules which also make employers responsible for protecting staff from sexual harassment from customers as well as fellow employees. Lawyers warn that this will be particularly tough on small businesses operating in leisure, retail and service sectors and give rise to the prospect of a pub landlord intervening every time a potentially unsavoury joke is told in the bar.