This is a very important piece of amending legislation which could be law one year after it has been signed by the King this year. Its sailing through Parliament as I write. Please re share this item to let others in our wonderful hospitality sector know what is coming our way.

We are normally fully immersed in the terms of the Licensing Act 2003 but this week I want to look at another key piece of legislation that affects all workplaces and particularly bars and pubs and will affect working practices and places duties on employers and could face them with legal action by aggrieved employees.

It is the Worker Protection (Amendment of Equality Act 2010) Bill 2023

As the Bill’s long winded title suggests, the proposed legislation seeks to amend the Equality Act 2010, which among other things imposes a legal duty on employers (bar owners) to protect workers (bar staff and waiters) from harassment by other employees defined as “unwanted conduct relating to a protected characteristic” (i.e., age, disability, gender reassignment, race, religion or belief, sex or sexual orientation) where that conduct has the purpose or effect of “creating an intimidating, hostile, degrading, humiliating or offensive environment”.

This amendment will expand that duty, rendering bosses additionally liable for harassment of their employees by members of the public that they encounter while doing their jobs. The bill seeks to extend third-party liability to every type of ‘unwanted conduct’ already prohibited by the Equality Act 2010, including – overheard conversations. In other words, if the bill becomes law, employers will have a duty to protect their workers from overhearing ‘upsetting’ remarks made not only by their colleagues, but by third parties as well.

The conduct constituting the harassment must involve a conversation in which the bar staff/waiter is not a participant, or a speech which is not aimed specifically at that person AND the conversation or speech involves the expression of an opinion on a political, moral, religious or social matter AND the opinion expressed is not indecent or grossly offensive, AND the expression of the opinion does not have the purpose of violating the employee’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for that employee.

There are extremely important provisions in the Bill about sexual harassment which should always be outlawed, and employers should always have in place systems to address this when it occurs.

However, what systems are bar and pub owners meant to have in place to prevent a customer expressing a political opinion and upsetting a member of staff? Bring on yet more guidance and red tape for our already embattled sector.

Employers could also face pre-emptive action from staff if there is no policy in place to deal with remarks made. (“No banter allowed” signs maybe?)

This is not an easy area of the law for licensed premises so please do give me a call or get in touch about the detail and what you will be required to do.