As the UK government prepares to roll out its new Employment Rights Bill next year, there’s growing concern about the impact it could have on everyday conversations in public spaces.
The proposed legislation, designed to protect workers from harassment by third parties, could mean that pub customers face being banned for discussing certain sensitive topics, like transgender rights or religious views, if their conversations are deemed harassing.
Challenges for Employers to Enforce Harassment Rules
The law would put the responsibility on employers to prevent harassment of their staff by customers.
This could prove to be difficult to enforce in places like pubs, where patrons often engage in debates on a variety of issues.
The Equality and Human Rights Commission (EHRC) has raised concerns about how difficult it may be for employers to draw a clear line between acceptable discourse and harassment, especially in social settings.
The EHRC has warned that this law could have unintended consequences, potentially stifling free speech.
In cases where a conversation about transgender rights, women’s rights, or religious views is overheard and considered “contentious,” it could result in customers being banned from the establishment.
The law defines harassment as “unwanted conduct that has the purpose or effect of violating the recipient’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.”
What Is Covered Under the Equality Act?
The law would cover conversations that touch on “protected characteristics” under the Equality Act, which includes topics like gender identity, religious beliefs, political views, and even ethical beliefs such as veganism.
With these protections in place, pub owners could find themselves responsible for policing debates that were once considered part of everyday social life.
The chief executive of UKHospitality, Kate Nicholls, voiced concerns about how these new rules could be misinterpreted by employers.
She emphasized that while harassment by third parties in customer-facing roles is a real issue, imposing such restrictions could unnecessarily burden employers and impact the hospitality sector.
Business Leaders Express Concerns Over the Economic Impact
In addition to the concerns about free speech, business leaders fear the bill will be damaging to the economy.
Rupert Soames, president of the Confederation of British Industry (CBI), warned that the bill could lead to job losses and hamper business growth.
He argued that the new laws could discourage businesses from hiring and even prompt layoffs.
The CBI also expressed concern that the bill’s focus on employee rights could exacerbate the economic challenges already faced by businesses, particularly after the £25 billion tax increase on employers proposed by Labour’s Chancellor Rachel Reeves.
A Complex Issue for Employers to Navigate
The EHRC acknowledged that while protection from sexual harassment in the workplace is necessary, the broader scope of harassment and the complexities surrounding what counts as a “philosophical belief” could lead to unintended restrictions on freedom of expression.
Employers may struggle to understand what topics are protected, and this confusion could result in businesses overstepping in an attempt to comply with the law.
While the government has stated that the threshold for harassment will be high, it’s clear that the introduction of the new legislation will raise complex questions for employers about how to balance workers’ rights with maintaining a free and open environment for discussion.
Key Provisions of the Employment Rights Bill
The Employment Rights Bill also introduces several other key provisions, including guaranteed hours for zero-hours contract workers and the ability for employees to bring unfair dismissal claims from day one of their employment.
Additionally, the bill introduces a statutory probation period, which would make it easier for employers to dismiss new hires if they’re found unsuitable for the job.
While the government insists that these measures will lead to higher productivity, business groups remain skeptical about the overall impact.
The Future of the Employment Rights Bill
As the legislation continues to evolve, Downing Street has stated that ministers will continue to consult with businesses to refine the bill’s details.
The government maintains that the bill’s provisions are in the best interest of workers and businesses alike, and they believe it will lead to better outcomes for both sides.
However, with mounting concerns from business leaders and human rights groups, the implementation of these laws will undoubtedly be a subject of ongoing debate in the coming months.
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