New legislation on the way to compel licensees to stop “banter” in pubs and restaurants and other places of entertainment. Yes you read correctly!!

This is a very important piece of amending legislation just introduced by the Labour government this week as part of the new Employment Rights Bill 2024

The Bill seeks to amend the Equality Act 2010, which among other things already 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 come into contact with while doing their jobs. The bill actually 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!!

Are you going to need to employ “banter” police in your restaurants and bars?

The question arises as to what systems bar and pub owners are 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.

This can only present a yet further chilling effect on free speech in bars, pubs, clubs and restaurants etc as owners will need to constantly have an ear open to what customers are saying and intervene if it is felt that a private conversation is straying into territory about which a member of staff may feel uneasy and harassed. It may also put customers off going to such premises if they feel their conversations might be overheard and they could be asked to desist or leave as a result of what’s being said.

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 premises with licences under the Licensing Act 2003 or the Gambling Act 2005  so please do give me a call or get in touch about the detail and possible consequences. I will keep you posted on developments as this very large Bill tracks its way through Parliament