Labour’s pub banter crackdown: Landlords may ‘ban drinkers from speaking about controversial matters that bar staff suppose are offensive’
Pubs could ban customers from talking about topics such as transgender rights if landlords think they are harassing staff under Labour’s new workers’ rights charter.
The proposed legislation, which is expected to come into force next year, puts a duty on employers to prevent workers from being harassed by third parties such as customers.
That could prove difficult from employers to enforce, the Equality and Human Rights Commission (EHRC) has warned, when it applies to more philosophical debates in venues like pubs, The Times reported.
The controversial charter risks becoming ‘an adventure playground for employment rights lawyers’, according to a leading industry voice.
The legislation will scrap anti-strike laws brought in by the last Conservative government and introduce a string of new employment rights championed by the trade unions.
The government’s own impact assessment found the legislation was likely to cost business up to £5 billion a year, but many business leaders fear the damage will be far greater.
The Equality and Human Rights Commission has warned that it could ‘curtail’ freedom of expression and be applied to ‘overheard conversations’.
If staff hear punters discussing religious views, transgender rights or women’s rights in a ‘contentious manner’, the customers could be handed a ban.
Labour’s proposed workers’ rights charter, expected to come into force next year, has so far proved controversial
The charter puts a duty on employers to prevent workers from being harassed by third parties such as customers – put that may prove problematic to enforce when it comes to philosophical beliefs like trans rights
Experts say discussing controversial topics like religion in the pub could be banned under Labour’s controversial workers’ rights charter
The conversation would count as harassment if it is ‘unwanted conduct that has the purpose or effect of violating the recipient’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment’.This is compounded if it is an opinion about a protected characteristic under the Equality Act.These include religious beliefs, views on women’s and transgender rights, both those known as gender critical and a belief in gender identity, political philosophies and ethical veganism.The chief executive of UKHospitality said it is a ‘complex’ issue but they don’t think ‘the burden of policing these issues should fall upon employers’.Rupert Soames, the president of the Confederation of British Industry (CBI) urged ministers to think again about measures in the Employment Rights Bill, which he warned would cost jobs and damage growth.
Mr Soames said the measures would compound the harm done by Rachel Reeves‘s £25 billion raid on employers’ National Insurance.
He told BBC radio Four’s Today programme that the legislation would drive up unemployment.
Speaking about the impact on business, he said: ‘I think not only will they not employ, I think they will let people go. I think there could be quite an ugly rush before some of these things come into force.
‘Nobody wants this, but the things like the probation periods in the Employment Rights Bill, we don’t want that to become an adventure playground for employment rights lawyers.’
The EHRC told The Times that many employers may not understand what counts as a topic protected by equality law.
‘The legal definition of what amounts to philosophical belief is complex and not well understood by employers. It is arguable that these difficulties may lead to disproportionate restriction of the right to freedom of expression under Article 10 ECHR,’ a spokesperson said.
CBI president Rupert Soames said Labour’s workers’ rights bill would costs jobs and hit growth
Mr Soames said the legislation would compound the harm done by Rachel Reeves’s £25 billion raid on employers’ national insurance
The Bank of England. Downing Street said ministers would continue to engage with businesses on the details of the legislation
But in evidence to MPs examining the Bill, it said sexual harassment by third parties was a significant issue in customer-facing jobs and for young people, and it supported measures specifically addressing it.
But protection from other types of harassment raises ‘complex questions’ and the EHRC is worried about the effects on free speech.
The government said the threshold for what constitutes harassment is high.
Kate Nicholls, chief executive of UKHospitality, said employers who don’t understand the complexities of equality legislation could ‘impose disproportionate restrictions’.
An Office for Equality and Opportunity spokesman said: ‘Free speech is a cornerstone of British values but of course it is right that the Employment Rights Bill protects employees from workplace harassment, which is a serious issue.
‘As with all cases of harassment under the Equality Act 2010, courts and tribunals will continue to be required to balance rights on the facts of a particular case, including the rights of freedom of expression.’
The Employment Rights Bill will bring in guaranteed hours provisions on zero-hours contracts and allow workers to bring unfair dismissal claims from the first day of employment.
But it will also introduce a new statutory probation period designed to make it easier for employers to dismiss new hires if they are found to be unsuitable for the job.
Downing Street said ministers would continue to ‘engage’ with business on the detail of the legislation, but insisted the government was committed to it.
The PM’s official spokesman claimed the measures would lead to ‘higher productivity for workers and higher returns for business’.
He added: ‘Many workers already deliver higher workers’ rights because it is in their own interests.’
