The ‘banter ban’ for pubs has been included in Labour’s Employment Rights Bill, threatening to turbo-charge the Equality Act and bring the joyless, Stasi-like atmosphere of modern workplaces into leisure time. Toby has written about the latest free speech threat in the Telegraph.
According to the Campaign for Real Ale, 37 pubs close every week in Britain. This is a rate that shows no sign of slowing. Judging from the actions of this Government, though, pubs aren’t disappearing nearly fast enough. Say hello to the Employment Rights Bill.
I’m not just talking about increasing business rates, hiking National Insurance and outlawing zero-hours contracts. The measure I’m most concerned about is clause 18, which will amend the Equality Act to force employers to “take all reasonable steps” to insulate their staff from “harassment” by “third parties”.
In other words, this will mean publicans can’t tell their customers risqué jokes or express heterodox opinions in case they are heard by a member of staff who may take offence. Why? Because according to the employment tribunal, “harassment” includes remarks that a person with one or more “protected characteristics” might find upsetting.
It’s not clear how the Government expects publicans to comply with this new duty, but it is bound to cost more than the official estimate of £17 per pub.
Not only will they have to seek expensive legal advice, but it may mean employing “banter bouncers” to eavesdrop on customers and eject them if they say anything a pink-haired barmaid (they/them) might object to.
Lists of banned words will have to be displayed on walls – “mothers”, “breast-feeding”, “woman” – and regulars may be asked to undergo unconscious bias training.
Customers may even have to prove to a doorman that they have attended a full complement of diversity courses before they are admitted. Perhaps certificates showing the holders have received the relevant “training” can be included in a digital wallet on your mobile phone alongside your ID. Or maybe a Labour Party membership card will suffice.
Worth reading in full.
All is not lost: the Conservatives have tabled an amendment to delete clause 18 and the Free Speech Union has created a template email you can send to your MP urging him or her to vote for the amendment.
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