Labour and the so-called 'banter ban'

The Labour government's Employment Rights Bill will amount to a "banter ban" if it's allowed to go ahead, critics have said.

A particular passage of the bill, which addresses "harassment by third parties", is being seen in some quarters as an effective ban on "discussion of sensitive subjects such as religion or views on transgender rights", said Jessica Elgot in The Guardian.

The government says that particular clause is designed to protect workers from sexual harassment by customers. But, there are concerns that pub customers could be asked to leave or bar staff could begin to launch tribunals if an overheard conversation is taken as offensive.

'Pubs will no longer be a safe haven'

Trade Unions have urged the government to continue with the bill without amendments, at the same time the Equality and Human Rights Commission (EHRC) has said that the government should provide "guidance for employers not to overinterpret the legislation".

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The EHRC also warned that without guidance, employers could face "complexity", which could lead to "excessive limitations on debate", something that critics, like Reform UK leader Nigel Farage, claim "could lead to the end of pub banter", said Elgot.

The pub has always been the "one place" people "felt free to speak our minds" away from home, and "although these ancient freedoms still exist", the impending bill will mean "pubs will no longer be a safe haven", said Stephen Glover in the Daily Mail.

A "bartender with big ears" who overhears a "lively discussion in a pub about religion or abortion or transgender issues" could "demand that the pub landlord take action". Or, if no action is taken, take things to an "employment tribunal". It's not so "far-fetched", Glover wrote, with the term "harassment" now "very broad" in "modern Britain".

The bill is still making its way through Parliament, with some peers in the House of Lords warning of an "attempt to block" the "crackdown on pub banter" in its next reading, said Amy Gibbons at The Telegraph. Those Lords, including Conservative peer and Free Speech Union founder Toby Young, are demanding that certain "venues are excluded" from the bill, including pubs and universities. Young claimed that the bill meant "woke activists" at universities "could block certain speakers" over claims of harassment.

'Banter is a tiresome noise'

"Any sane proponent of Britain’s liberal democratic values should be angry", said Zoe Strimpel in The Spectator, as the bill could "equate to a clampdown on normal back-and-forth between human beings". But while the bill should "not threaten conversation", would it be such a bad thing if it were able to "outlaw banter full stop"?

Banter is a "tiresome noise" and "often a synonym for sexual inquisition" in which there is "no place for the sensitive or thinking person" and "certainly not women", she wrote. So while it is positive that "British freedoms are being throatily defended", there will be little regret in ensuring "the boys" have to "think twice before letting loose with their noisy banter".

The bill is now with the House of Lords and it is as yet unclear whether it will return to the Commons with amendments. If critics are able to push through the amendments, then landlords "won’t have to worry about protecting bar staff from the opinions (or even jokes) of their customers", said Christian May at CityAM. But if they do not, it will be a clear example of Keir Starmer extending "the power and reach of the state", he said.

The bill's clause will still mean people are "able to talk freely in pubs" and will ensure "employers take reasonable steps to protect workers from aggressive customers", said TUC general secretary Paul Nowak. Critics like Nigel Farage have "no plan for workers" and are only "promising the same broken status quo".