Employment Bill could ‘excessively limit’ free speech, EHRC warns

The Equality and Human Rights Commission (EHRC) has warned Peers that plans to protect employees from harassment could impose “excessive limitations on debate”.

Under Clause 20 of the Employment Rights Bill currently progressing through the House of Lords, employers would be required to take “all reasonable steps” to protect their employees from harassment of any kind.

The equality watchdog raised concerns that employees could be considered a victim of an overheard conversation they deemed offensive, making the legislation “complex” for employers who could be tempted to ban controversial topics to prevent being sued.

‘Chilling effect’

Baroness Bray of Coln told the House of Lords that Clause 20 could have a “chilling effect on free speech”.

“Issues such as religion, age, race or perhaps a woman defending women’s sex-based rights, plus myriad other subjects, could all be banned because employers will need to prove that they have taken all reasonable steps to prevent what would be seen as harassment by third parties or would otherwise be held liable.”

She emphasised: “The Equality and Human Rights Commission has already expressed its misgivings. So should we all, loudly.”

‘Banter bouncers’

The Free Speech Union’s Director, Lord Young of Acton, said in his maiden speech that people were right to be concerned that pubs “might have to employ ‘banter bouncers’” as one of the “reasonable steps to protect employees”.

Lord Strathcarron, who is Chairman of Unicorn Publishing Group, urged the Government to have a “massive reality check”.

He questioned whether Waterstones would risk arranging another book signing by the likes of JK Rowling “on the off-chance that one of the author’s fans will arrive wearing a T-shirt saying, ‘woman = adult human female’, knowing that their employees could sue for hurt feelings, real or vexatious?”

In response to the debate, a government spokesman stated: “The Employment Rights Bill will not affect anyone’s right to lawful free speech, which this Government stands squarely behind.”

Trans ideology

Last year, Free Speech Brighton reported that it was evicted from the back room of a local pub whilst in the middle of delivering a series of talks.

According to the group, about fifty of its members were ordered out of the Southern Belle after a member of staff allegedly took offence at a presentation against transgender ideology being taught in schools.

Lord Young commented that the pub landlord had no right to evict customers “just because he disapproves of their perfectly lawful beliefs, particularly if those beliefs are protected by the Equality Act”.