Free speech advocates are warning that an amendment going to a vote in the House of Commons this evening could decide the fate of free speech in pubs up and down the country.
The amendment pertains to Clause 18 of the Employment Rights Bill, which Labour introduced last year ostensibly to expand workers' rights.
The clause extends beyond the Worker Protection (Amendment of Equality Act 2010) Act 2023, which only mandated taking "reasonable steps" to prevent sexual harassment by third parties without providing a standalone claim for such harassment.
Clause 18 broadens this to cover harassment related to all relevant protected characteristics (excluding pregnancy/maternity and marriage/civil partnership), not just sexual harassment.
Labour say this will address situations where employees—particularly in customer-facing roles like hospitality, retail, or healthcare—face harassment from third parties, such as offensive remarks or behavior overheard or directed at them.
The amendment going to a vote this evening could decide the fate of free speech in pubs up and down the country, free speech advocates say
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Free speech advocates, such as the Free Speech Union, counter that the expanded legislation could force employers to police casual conversations or jokes among customers to avoid liability.
The Equality and Human Rights Commission (EHRC) has voiced this concern, adding that it could "disproportionately curtail" freedom of expression.
Pubs, which serve as hubs for unfiltered speech, will come in the firing line, critics say.
They present the following scenario: you're in a pub with your mates, putting the world to rights over a couple of beers.
The waiter overhears your conversation and gets offended. He complains to his boss, who thinks nothing of it. A few weeks later, that same boss is hauled before a committee to answer for your "wrong-think".
As the EHRC explains, publicans could ultimately be forced to ban customers from discussing controversial topics like religion and transgender rights due to Labour's proposed workers' rights reforms.
This could have a chilling effect on free speech and put the final nail in the coffin of a declining industry, critics fear.
The government's own impact assessment concluded that the revised legislation could cost businesses £5billion a year.
This figure reflects the direct financial burden of implementing the new employer duties.
However, many business leaders fear the thicket of administrative burdens, potential litigation, changes in business practices, and broader economic impacts like reduced hiring or increased prices could push the costs north of £5billion.
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The government's own impact assessment concluded that the revised legislation could cost businesses £5billion a year
PEXELSThe FSU has branded the new legislation a "dangerous escalation in speech policing disguised as a way to ‘protect’ vulnerable workers".
The Opposition has tabled an amendment to delete Clause 18 entirely from the Employment Rights Bill. MPs will debate the motion in the Commons on Wednesday night.
Underscoring the stakes, the FSU has described this amendment as the "last chance" to stop it.
However, if this fails, the body vows to try again in the Lords.
The FSU has created a template email that you can send to your MP urging them to vote for this amendment tonight.
