A proposed law progressing through the British parliament could lead to a draconian suppression of free speech in cafes, pubs, restaurants and all other hospitality venues as well as many sports events across the UK.
Clause 20 of the Employment Rights Bill seeks to protect employees from being harassed in their workplace.
That harassment could include staff being offended by jokes and banter between customers they overhear in hospitality venues and other public spaces.
It could even extend to spectators’ comments directed at players and officials on the sporting field.
“LAW COULD HAVE A CHILLING EFFECT ON FREE SPEECH”
The UK’s Equality and Human Rights Commission warned that the reforms could have a chilling effect on free expression, especially for Christians and other so-called gender-critical dissidents.
In evidence to MPs examining the bill, it said that businesses, particularly in customer-facing sectors like hospitality, might feel compelled to ban discussions on controversial topics to avoid potential lawsuits.
Critics claim that would cause chaos in workplaces and public spaces across the country as well as an overload of cases in the courts.
“WHAT WE’RE FACING IS STATE-ENFORCED SPEECH POLICING”
The Free Speech Union claims Clause 20 would make employers legally liable if staff overhear off-hand remarks, jokes or political opinions they consider ‘offensive” and “harassment” — either to themselves or third parties.
It writes: “It won’t stop at pubs. This clause threatens football grounds, restaurants, and universities too.”
“What we’re facing is state-enforced speech policing.”
“The fearful, stifling atmosphere already gripping workplaces will spread to bars, hotels, stadiums, and campuses, accelerating Britain’s transformation into East Germany circa 1984.”
LORD TOBY YOUNG LEADS FIGHT AGAINST THE PROPOSED LAW
The founder of the Free Speech Union and social commentator Lord Toby Young is fighting against the proposal in the House of Lords.
In an opinion piece in London’s Express newspaper, he writes: “Under Labour’s new law, employees will be able to take offence on behalf of one of their colleagues.”
“Given that we live in an age in which some are hyper-sensitive, the implications for the hospitality sector of turbo-charging the Equality Act in this way are mind-boggling.”
“What “reasonable steps” will a publican be expected to take to protect his or her staff from overhearing conversations between customers that might upset them?”
“Will it be sufficient to include a notice on the wall warning customers to keep their opinions to themselves, on issues such as gender neutral toilets, mass immigration and the Israel-Gaza conflict?”
“Or will publicans need to go further and employ “banter bouncers” to eavesdrop on customers and eject anyone for saying something “inappropriate” or “problematic”, such as telling a saucy joke?”
LAW THREATENS TO ACCELERATE MASS CLOSURE OF PUBS
“It seems extraordinary that this Government, which claims to be pro-growth, is about to impose additional compliance costs on a sector that is already on its knees.”
“Thirty-seven pubs close every week in Britain. There’s little doubt that this new law will accelerate that rate of closure.”
“Those that remain will be sanitised “safe spaces in which no one dares express a controversial opinion or tell a joke.”
HOW WILL SPORTS CLUBS SHUT UP PASSIONATE FANS?
“It isn’t just pubs. In football grounds, it’s not unusual for fans to shout Are you blind? at the linesman for failing to rule a goal offside or spot a handball.”
“Once this new law is on the books, a partially sighted steward who overhears this could sue the club for not taking “all reasonable steps” to protect him from being “harassed”.
“Any of his colleagues could sue the club on his behalf.”
“That, in turn, means football clubs will have to clamp down on any expostulations or chants that might cause offence.”
“Expecting employers to police the speech of customers will have a hugely chilling effect on free speech.”
MOST MPS APPEAR TO SUPPORT THIS THREAT TO FREE SPEECH
“In the House of Commons, the Conservatives tabled one amendment to the bill disapplying Clause 20 in its entirety, and another excluding pubs, sports and hospitality venues from its impact.”
“Not a single Labour or Liberal Democrat MP voted for either,” Lord Young observed.
“One final point: when the Equality Act was originally passed, it included a clause making employers liable for the harassment of employees by third parties.”
“It was repealed in 2013 because it proved to be so costly and difficult for employers to comply with.”
“We mustn’t make the same mistake again,” Lord Young implored.
