A law change to protect employees that critics claim could mean “banter bouncers” patrolling some workplaces is being “oversimplified”, according to the MP behind it.
The Worker Protection Bill would bring in a duty for employers to take preventative steps to stop harassment by a third party, such as a customer in a shop, pub or cafe.
If reasonable measures haven’t been taken, staff may be able to sue their employer.
The private member’s bill would amend the Equality Act if passed into law. Elements of it, such as a duty for employers to prevent sexual harassment, are widely supported.
However, opponents have said it could also mean a pub worker being able to sue after overhearing a private conversation or joke referring to a characteristic, such as age or sex.
Toby Young, from the Free Speech Union, said in February he had written to the equalities minister, Kemi Badenoch, to warn of the bill’s consequences.
He claimed businesses like pubs might be forced to put up “No Banter” notices or get bouncers to police punters’ conversations.
The government sought to address some of these concerns by amending the bill during its latest reading in the Commons last month.
An employer could now defend a claim if certain conditions are met; such as the comment was not directed at the worker, is not grossly offensive, and expressed an opinion on religion, politics, moral or social matters.
However, concerns remain that employers could struggle to fulfil these criteria and could find themselves weighed down with costly legal battles.
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‘No extreme steps’
Liberal Democrat MP Wera Hobhouse, who co-sponsors the bill, told Sky News victims of harassment should not be dismissed as “snowflakes” and concerns about the proposals were being exaggerated.
“This bill is being oversimplified by critics… employers will not be expected to take extreme steps, shut down conversation, or employ ‘banter bouncers’,” she said.
Ms Hobhouse said the proposed law – which is still going through parliament – “aims to create workplaces where people treat each other with respect and where third parties are expected to do the same”.
“The hurdles employees have to jump when holding their employers to account for failing to protect from harassment are too high and victims feel silenced,” she added.
Expectations on employers would also be “reasonable”, say those backing the proposed changes, meaning small and medium-sized firms would not be expected to take “extreme” and costly measures
A Lib Dem spokesperson said there would be a “clear playbook” set out by the Equality and Human Rights Commission, which would likely mandate steps such as having a clear harassment policy and complaints procedure.
