Pub customers could be BANNED from talking about contentious issues such as trans rights

The watchdog raised particular concerns about how the regulations might apply to "overheard conversations" in venues like pubs, where business owners would be responsible for policing discussions of contentious beliefs.

Under the proposed reforms, employers could face legal action if they fail to protect staff from harassment by "third parties" such as customers.

The EHRC highlighted that many business owners struggle to understand what constitutes a "philosophical belief" under equality law.

These protected beliefs can include religious views, gender-critical opinions, beliefs in gender identity, political philosophies and ethical veganism.

"The legal definition of what amounts to philosophical belief is complex and not well understood by employers," the watchdog stated in evidence to MPs.

The EHRC warned that this lack of understanding could lead to excessive restrictions on free speech, as businesses attempt to avoid potential legal issues.

MORE LIKE THIS:

• 'Vile and sickening!' Neighbour accuses pub-goers of mocking mum's death and cutting off CCTV
• 29 people 'snowed in' at Britain's highest pub for 72 HOURS finally freed
• Sharia Courts 'exceed proper role' as rights of Muslim women 'failed' on domestic violence

Ministers have acknowledged there may be challenges around freedom of expression, particularly regarding "legitimate debate which are carried out in a contentious manner."

Under the proposed legislation, harassment is defined 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."

The Government insists this represents a high threshold for enforcement.

However, the EHRC said it would be particularly challenging for employers to determine whether conduct constitutes harassment, especially with overheard conversations.

This difficulty becomes more complex when the conversation involves protected philosophical beliefs under the Equality Act 2010.

The watchdog has urged ministers to conduct further work on balancing competing rights in these situations.

Industry leaders have expressed serious concerns about the proposed regulations.

Kate Nicholls, chief executive of UKHospitality, agreed with the EHRC's assessment, stating: "These are complex legal issues, which employers are not equipped to navigate and could impose disproportionate restrictions."

The British Beer and Pub Association warned about potential unintended consequences.

"Any legalisation must be carefully drafted to make sure it does not have unintended consequences, such as pub workers expected to decide whether private conversations between customers constitute a violation of law," a spokesman for the association said.

EHRC chief John Kirkpatrick emphasised the need for careful consideration of competing rights.

"The UK government has acknowledged the potential for unintended consequences in its economic analysis and summary impact assessment," he said.

Kirkpatrick stressed that successful implementation requires clear guidance and adequate resources.

"For this legislation to have the desired effect, it needs to be enforceable. For it to be enforceable, we need clarity on the role of regulators including the EHRC and sufficient resource to ensure compliance," he added.

The watchdog has invited MPs to carefully weigh the balance between protection from harassment and freedom of expression.

The employment rights bill also includes other significant measures affecting UK businesses.

These include guaranteed hours provisions for zero-hours contracts and allowing unfair dismissal claims from day one of employment.

The reforms have sparked concern from business leaders, with CBI chairman Rupert Soames warning of reduced employment.

"I think not only will they not employ, I think they will let people go. I think there could be quite an ugly rush before some of these things come into force," Soames told Radio 4.

He added that business confidence had been "bruised" by economic measures, suggesting companies might be less likely to hire in the current climate.