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Expansion of Equality Act Will Mean Employees Can Sue Bosses If Customers Offend Them

by Toby Young
2 April 2023 9:00 AM

The Sunday Telegraph reports that there’s a backbench rebellion brewing over the Worker Protection Bill, a private members’ bill sponsored by a couple of Lib Dems that would massively extend the Equality Act 2010 and which is being supported by the Government. Will Hazell and Edward Malnick have more.

Rishi Sunak is facing a Tory revolt over “draconian” laws that will allow shop assistants, bar staff and doctors to sue their employers if a member of the public offends them at work.

New harassment rules on the brink of becoming law will enable medics to sue the NHS if a patient insults them, allow bar staff to take legal action against landlords if they are offended by drunk punters, and let baristas take coffee shop owners to a tribunal if they overhear offensive remarks made by customers.

Senior Tories warn the proposed law will lead to an explosion of litigation and force business owners to run their establishments like a “police state”.

A Whitehall source said ministers were “sleep walking” into a “big expansion” of the Labour-era Equality Act, which Mr Sunak had previously blamed for enabling “woke nonsense to permeate public life”.

The row will come as a major embarrassment to the Prime Minister, who has been seeking to position the Conservatives against “woke” policies that are unpopular with many business owners and working-class voters.

Tory backbenchers accused the Government of “taking their eye off the ball” by supporting a “mad” Private Member’s Bill, sponsored by two Liberal Democrat parliamentarians, on course to become law within weeks.

The Bill was waved through the Commons without a vote during a Friday sitting when most MPs were back in their constituencies.

Ministers are under pressure to ditch or gut the legislation, with backbenchers warning that purported “freedom of speech” protections added into the Bill will do little to save employers from crippling litigation.

The Worker Protection Bill will make employers liable for staff being harassed by “third parties” such as customers or members of the public. It introduces a legal requirement for companies and public bodies to take “all reasonable steps” to prevent this.

Jacob Rees-Mogg, the former business secretary, said establishments that “serve the public can expect to run a police state in their business”, while Sir John Hayes, the chairman of the Common Sense Group of Tory MPs, said it had “sinister implications”. Another Conservative MP, Craig Mackinlay, said he believed the change was “draconian”.

Lord Frost, the former Cabinet Office minister, described the Bill as a “woke, socialist measure” that would “have a chilling effect on every conversation in a workplace”.

Lord Strathcarron, a Tory peer who runs a publishing firm, said bookshops could be put off inviting authors such as JK Rowling to give talks, “on the off chance that one of the author’s fans might be wearing a T-shirt that says, ‘Woman Equals Adult Human Female’, knowing that an employee could sue for hurt feelings – real or vexatious”.

Other scenarios, he added, could include “somebody going into the Dog and Duck … then insulting the barman, and the barman suing the landlord. Or someone going for an MOT, the car fails, and they slag off the mechanic and the mechanic sues the garage owner. It’s mad and no one’s thought it through.”

While a separate clause in the Bill putting a duty on bosses to prevent the sexual harassment of employees commands broad support, peers are demanding the Government drop the introduction of a new obligation on employers to prevent harassment by third parties that relates to a “protected characteristic” such as sex, gender reassignment or age. Critics fear this will lead to companies having to expel clients over trivial incidents and facing costly litigation by staff.

Worth reading in full.

The Free Speech Union has been campaigning vigorously against this bill, but it hasn’t attracted nearly as much scrutiny as it should. Let’s hope this article changes that. You can read the FSU’s briefing on the bill here.

Stop Press: The Sunday Telegraph has published a strong leader urging the Government to rethink this bill.

Tags: Banter BouncersEquality Act 2010Rishi SunakWar on WokeWorker Protection Bill

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