Patrick Christys hits out at Labour's 'pub banter crackdown'
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The controversial bill is currently making its way through the House of Lords
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With all eyes on the fallout from the local elections, Labour's "banter ban" in pubs is currently working its way through the House of Lords.
It follows the Tories' failed attempt to delete the clause from the Employment Right Bill back in March.
What is the clause and why is it so controversial?
Clause 20 of the proposed Employment Rights Bill focuses on expanding employer liability for harassment by third parties, potentially including customers or clients in a pub setting.
The legislation specifically aims to ensure employers take "all reasonable steps" to prevent harassment in the worksplace.
This means businesses could be held responsible for preventing conversations that create a hostile work environment, hence why free speech advocates have dubbed it the "banter ban".
Labour's horror 'pub crackdown' slipping under the radar while Britons distracted by election chaos
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The bill is expected to face a barrage of legal challenges if it passes and has raised legitimate questions about free speech and the boundaries of workplace conduct.
Labour say this will address situations where employees — particularly in customer-facing roles like hospitality, retail, or healthcare—face harassment from third parties, such as offensive remarks or behaviour overheard or directed at them.
Lilian Greenwood, minister for the future of roads at the Department for Transport, told Times Radio that people should be able to “come to work and give it their best without being anxious”.
She added: “People would expect to be able to have private conversations, but that has to be done in a way that isn’t going to affect the rights of other people to work in a safe and secure environment.”
Free speech advocates, such as the Free Speech Union, counter that the expanded legislation is tantamount to policing pub goers casual conversations or jokes among customers to avoid liability.
The Equality and Human Rights Commission (EHRC) has echoed these concerns, adding that it could "disproportionately curtail" freedom of expression.
Pubs, which serve as hubs for unfiltered speech, will come into the firing line, critics say.
They present the following scenario: you're in a pub with your mates, putting the world to rights over a couple of beers.
The waiter overhears your conversation and gets offended. He complains to his boss, who thinks nothing of it. A few weeks later, that same boss is hauled before a committee to answer for your "wrong-think".
As the EHRC explains, publicans could ultimately be forced to ban customers from discussing controversial topics like religion and transgender rights due to Labour's proposed workers' rights reforms.
This could have a chilling effect on free speech and put the final nail in the coffin of a declining industry, critics fear.
The government's own impact assessment concluded that the revised legislation could cost businesses £5billion a year.
This figure reflects the direct financial burden of implementing the new employer duties.
However, many business leaders fear the thicket of administrative burdens, potential litigation, changes in business practices, and broader economic impacts like reduced hiring or increased prices could push the costs north of £5billion.
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Pubs, which serve as hubs for unfiltered speech, will come into the firing line of clause 20, critics say
PAThe bill's timeline
After an attempt to defeat the bill was defeated, Members of the House of Lords discussed the core aims of the Employment Rights Bill on Thursday 27 March.
On 15 April, Lord Young of Acton, founder of the Free Speech Union proposed several amendments to the draft legislation in an effort to balance workplace safety with freedom of speech.
Lord Young's amendments aim to exempt expressions of political, moral, religious or social opinions from being classified as harassment, providing they are not “indecent or grossly offensive”.
On April 29, Members of the House of Lords spoke on day one of committee stage to put forward amendments to the bill.
They will continue their detailed scrutiny of the Employment Rights Bill, in committee stage on Thursday 8 May.