Pubs ‘could ban patrons from talking about transgender rights’ under new workers' rights reforms
14 January 2025, 09:02
Pubs bosses could ban customers from talking about controversial topics such as transgender rights if they think their staff are being harassed, under Labour’s new workers’ rights charter.
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Under the proposed legislation, employers must prevent workers from being harassed by third parties, such as customers. If they fail to do so, they could be sued.
The Equality and Human Rights Commission (EHRC) has warned that the proposed law, due to come into force next year, could 'curtail' freedom of expression and be applied to 'overheard conversations'.
The EHRC said protecting workers from harassment was particularly challenging in cases involving a “philosophical belief”, such as people’s views on religion or women’s rights, because many business owners do not understand such topics are protected by equality law.
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A pub conversation could 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 would be compounded if the topic of conversation was about a protected characteristic, which have been ruled to 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 EHRC’s view on the bill is that many of the proposed reforms have “the potential to reduce workplace inequalities” - and supported measures aimed at addressing sexual harassment.
But it said protection from other types of harassment raised ‘complex questions’ particularly around freedom of expression.
The watchdog warned: “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.”
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.”
A spokesman for the British Beer and Pub Association told The Times: “Any legalisation must be carefully drafted to make sure it does not have unintended consequences, such as pub workers expected to decide whether private conversations between customers constitute a violation of law.”
