Private chats on trans ideology could fall foul of Government plans to protect workers from harassment, the equalities watchdog has warned.
The Equality and Human Rights Commission (EHRC) has urged MPs to ensure free speech on contentious beliefs is protected under its Employment Rights Bill.
Hospitality industry representatives fear the proposals risk landlords having to police conversations at the bar or over a meal for fear customers might be breaking the law.
Free speech
The EHRC told the House of Commons committee scrutinising the Bill that the legislation raises “complex questions” about “the appropriate balance” between third-party freedom of expression and employee protection from harassment.
It advised the Government to “undertake further analysis to understand how to balance third-parties’ rights to freedom of expression”.
Such an analysis, it added, “should also take into account any additional complexity that may arise if the third party is expressing a philosophical or religious belief that is protected under the Equality Act 2010”.
Agreeing with the EHRC, UKHospitality said it did not believe “the burden of policing these issues should fall upon employers”, while the British Beer and Pub Association said pub workers cannot be “expected to decide whether private conversations between customers constitute a violation of law”.
Lawful beliefs
In September, Free Speech Brighton reported that it was evicted from the back room of a local pub after the landlord allegedly took offence at a presentation against transgender ideology being taught in schools.
An attendee at the event said: “A hushed room listened to a measured and informative 15 min speech about safeguarding children against pervasive gender ideology”.
However, she continued, just as the speaker “was taking questions, two security guards told us the manager wanted us to leave immediately because there’d been ‘a complaint’.”
Responding to the EHRC, a Government spokesman said: “As with all cases of harassment under the Equality Act 2010, courts and tribunals will continue to be required to balance rights on the facts of a particular case, including the rights of freedom of expression.”
Powerplay
In 2023, a report by the Institute of Economic Affairs (IEA) warned that transgender ideology is ‘profoundly endangering’ free speech and democracy in society.
IEA’s Head of Cultural Affairs, Marc Glendening, said: “The freedom of individuals to express opinions on trans issues is under serious threat. This is undermining the ability to have sensible and necessary debates on controversial topics”.
“A philosophical line in the sand needs to be drawn in this regard if the drift towards authoritarianism is to be halted.”
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