CHANGES to sex discrimination laws recently introduced could have big implications for employers in Worcestershire and Herefordshire.

A European Union Directive, that came into effect in Britain on October 12, effectively moves the burden of proof in employment tribunal proceedings on to the respondent.

The Association of Chartered Accountants (ACCA) has warned the new rules, which amend the Sex Discrimination Act (1975), could have far-reaching implications for relations between employers and staff.

Uphold complaint

"The new regulations state that, where a complaint against an employer or colleague is made, the tribunal shall 'uphold the complaint unless the respondent proves that he did not commit, or, as the case may be, is not to be treated as having committed, that act'," said Jane Hingley, ACCA regional spokeswoman for Worcestershire.

"The new rule is significant because, until now, the burden of proof has rested on the complainant."

She said under the new EU directive, a complainant would still have to prove there was a 'prima facie' case of sex discrimination. "Once this is done, however, a tribunal is to uphold the complaint unless the employer is able to prove that he did not commit the act of discrimination," she added.

She said the new regulations constituted a "significant departure" from the core legal principle of 'innocent until proven guilty'.

"They could also present employers in Worcestershire and Herefordshire with a new headache in their dealings with staff," Ms Hingley continued.

"Cases brought before employment tribunals have tripled over the last 10 years, often putting employers to considerable time and expense in defending them.

"The reversal of the burden of proof will do nothing to stem the tide of unfounded tribunal cases."

However, Justine Norman, a legal executive at Morton Fisher Solicitors in Kidderminster, believes the changes are a good thing.

"It should make it easier for applicants to prove their claim," said Mrs Norman.

"My advice to employers would be to regularly review recruitment and promotion procedures to make sure workers are being treated fairly across the board and stamp out bad practices," she said.