Clause 18 of the Employment Rights Bill is a dangerous escalation in speech policing disguised as a way to ‘protect’ vulnerable workers. It will force British businesses to monitor the conversations of their customers or risk being sued for ‘third-party harassment’.
That might sound reasonable, but the Worker Protection Act 2024 already makes employers liable for third-party sexual harassment of their employees. What clause 18 adds is liability for non-sexual third-party ‘harassment’ – meaning offhand remarks, jokes and contentious political views.
It won’t just cover comments directed at employees. Workers will be able to sue over upsetting conversations between customers or members of the public that they merely overhear on the grounds that their ‘protected’ characteristics should shield them from being ‘harassed’ in that way. And they won’t just be able to sue their employers for not doing enough to ‘protect’ them, but for not doing enough to ‘protect’ their colleagues. In an age of hyper-sensitivity, turbo-charging the Equality Act like this will have mind-boggling consequences.
Under this law, pub landlords might have to employ ‘banter bouncers’ to eavesdrop on customer conversations and eject them if they say something ‘problematic’, e.g. tell a dirty joke. But it isn’t just pubs. Football fans might have to censor their chants. Universities may use it to no-platform speakers like Kathleen Stock. Struggling businesses risk drowning in compliance costs – or closing altogether.
This is state-enforced speech policing, plain and simple. It will extend the fearful, stifling atmosphere already gripping workplaces to pubs, bars, restaurants, hotels, stadiums and universities – accelerating Britain’s transformation into East Germany circa 1984.
The good news? The Opposition has tabled an amendment to scrap clause 18 altogether and another excluding pubs, sports and hospitality venues from its impact. So please use the template below to write to your MP urging them to support these amendments. But they need to hear from you.
MPs will vote on Clause 18 next week – this may be your last chance to stop it.
Please take a few minutes to fill out this template email. It’s a simple, fast process that can have a significant impact. Feel free to personalise it with your concerns.
If you’re concerned about Clause 18, please use our campaigning tool to write to your local MP, using our template letter.
Completing the form is a simple, fast process that can have a significant impact. We’ve even provided a template to help, but feel free to personalise it. Your voice matters and it’s vital that you make it heard.
The Free Speech Union
85 Great Portland Street
London W1W 7LT
+44 020 3920 7865