As part of the FSU’s ongoing campaign against Clause 20 of the Employment Rights Bill, our General Secretary, Lord Young of Acton, took to the stage at a packed comedy night to highlight how the proposed law could turn performance venues into compliance zones, chilling comedy in the name of workplace ‘safety’.
The event, held at the Backyard Comedy Club in Bethnal Green marked a new phase in our “Say No to the Banter Ban” campaign, which has so far focused on the impact Clause 20 could have on the hospitality sector. This time, the spotlight fell on another cornerstone of Britain’s cultural and night-time economy: the comedy circuit.
During the evening, Lord Young spoke to comedians including Andrew Doyle and Francis Foster, as well as members of the public, about the risks Clause 20 poses to freedom of expression in live performance spaces. There was widespread concern among performers and punters alike about the chilling effect the proposed law could have – not just on what comedians are allowed to say, but on the spontaneity and irreverence that live comedy depends on.
You can watch the video we’ve made about this here.
Clause 20 would make employers liable for harassment by third parties – including customers, audience members, and performers who aren’t employees – if they fail to take “all reasonable steps” to prevent it. That means comedy venues could find themselves on the hook for off-colour jokes or contentious remarks, even if comments weren’t directed at anyone, and even if no complaint is made. With no clear guidance from the Government on what “reasonable steps” entail, many businesses will err on the side of over-enforcement.
We’ve already seen what this kind of risk-aversion looks like. In 2022, the Pleasance Theatre cancelled Jerry Sadowitz’s Edinburgh Fringe show after complaints from the audience, despite clear content warnings. But under Clause 20, if staff had taken offence at his routine, they would have been legally entitled to sue the venue for ‘harassment’ unless it had taken “all reasonable steps” to prevent it. The result would be a formal legal incentive for bosses to avoid booking anything likely to provoke complaints from easily offended staff.
That’s exactly the kind of overreach Lord Young and a cross-party group of peers are seeking to prevent, having tabled a series of amendments ahead of the Bill’s Report Stage in the House of Lords. These include exempting certain venues from the clause’s scope; reinstating a safeguard from the original 2010 Equality Act so that employers are only liable after at least two prior incidents of harassment, not for a single overheard remark; and clarifying that conversation or speech involving political, moral, religious or social views cannot be treated as harassment, unless the opinion is indecent or grossly offensive.
The Bill is currently progressing through Parliament, with the House of Lords having just heard the key arguments. But the window to act is still open. Our ‘Write to a Peer’ tool makes it easy for members and supporters to contact a member of the second chamber and urge them to support these amendments, which Lord Young hopes to bring back at Report Stage in a few weeks’ time.
Click here to use the campaign tool and make your voice heard.
