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The Conservatives are trying to exempt pubs, restaurants and sports stadiums from a ban on the harassment of staff.
In an amendment to Labour’s employment rights bill, currently passing through the Commons, shadow business secretary Andrew Griffith has called for the government to “exclude hospitality providers and sports venues from the Bill’s duties for employers not to permit harassment of their employees”.
Labour figures have dubbed it the “Chris Pincher amendment”, after the disgraced ex-Tory MP who was found to have groped two men at London’s exclusive Carlton Club while serving as the party’s deputy chief whip.
But Mr Griffith has argued that the amendment to a section of the bill dealing with “harassment by third parties” is necessary to prevent a supposed “banter ban”.
Mr Griffith said Labour’s bill as it stands would create a situation where “if an employee overhears something they find offensive… their employer can be sued”.
He has said this would kill the ability of pub goers to tell jokes, sing football chants or engage in political debates. “If someone takes offence, it’s banned,” he warned.
Nigel Farage is also among the MPs who has criticised the clause in Labour’s bill giving workers protection from third-party harassment.
Labour’s clause would mean employers are legally mandated to prevent third parties harassing their employers.
Labour MP Polly Billington told The Independent: “The Tories’ claims to be protecting free speech are laughable.
“Pub managers have always known the importance of protecting their staff and their customers from vile abuse and intimidation – the law strengthens their hand. Next time they have any trouble, I’m sure they will be channelling the words of the greatest pub manager of all time, Peggy Mitchell, ‘get out of my pub’.”
The Trades Union Congress, which represents Britain’s trade unions, has backed the amendment, arguing that critics of the change are seeking to protect the “broken status quo”.
“This measure is about ensuring employers take reasonable steps to protect workers from aggressive customers. Punters will still be able to talk freely in pubs – and the EHRC has helpfully clarified that employers must not misinterpret the law,” general secretary Paul Nowak said.
TUC polling in January showed three in five women, and almost two-thirds of women aged between 25 and 34, say they have experienced sexual harassment, bullying or verbal abuse at work.
Mr Nowak told The Independent: “Nobody should face abuse at work. But the Conservatives have tabled an amendment that would allow aggressive punters to insult and harass staff in bars, pubs and restaurants.
“Employers should be taking reasonable steps to protect workers from violent and aggressive customers. This Bill will not stop people being able to talk freely in pubs and other hospitality venues.
“This is why the Employment Rights Bill is so vital – it will establish common sense protections for workers, including protection from unacceptable abuse while doing their job.”
A Labour spokesperson said: “Hospitality workers deserve the same protections against harassment in the workplace like any other worker. The Conservatives’ attempt to block this shows the Tories think hospitality workers don’t deserve the same rights as others, something no employer would stand for.”
