UK (Parliament Politics Magazine) – Angela Rayner’s employment reforms face backlash over concerns they could impose excessive restrictions on workplace discussions.
As reported by The Telegraph, Labour’s workplace speech reforms face backlash amid concerns they could trigger lawsuits over “hurt feelings.”
What did EHRC say about Labour’s workplace speech reforms?
The Equality and Human Rights Commission expressed concerns that new rules requiring firms to prevent third-party harassment would lead to broad restrictions on debate.
In a briefing to Parliament, the EHRC warned that AngeAngela Raynerla Rayner’s Employment Rights Bill could risk infringing on free speech and urged lawmakers to consider its complexities.
The watchdog, in its briefing, cited Burton and Rhule v De Vere Hotels, highlighting concerns over third-party behaviour affecting employees.
Before the Bill’s second reading in the Lords, the equalities watchdog stated there was only “limited” evidence of non-sexual workplace harassment by third parties and urged further analysis.
What did Lord Strathcarron say about free speech and the Employment Rights Bill?
Lord Strathcarron, speaking during the second reading of the Bill in the House of Lords, called the provision to prevent staff from third-party harm, including customers, an “Alice in Wonderland” clause that would bow to “the ever-changing whims of groupthink.”
The chairman of Unicorn Publishing Group warned that the bill could lead to a significant chilling effect on free speech.
He stated,
“Would Waterstones, for example, risk arranging another book signing by JK Rowling on the off-chance that one of the author’s fans will arrive wearing a T-shirt saying ‘woman = adult human female’, knowing that their employees could sue for hurt feelings, real or vexatious?”
What are the concerns surrounding the Employment Rights Bill?
Lord Young raised concerns that strict new rules could speed up the erosion of a cherished British institution, the traditional pub.
Business leaders warn that the proposed law will impose excessive bureaucracy, discourage recruitment, and limit free speech in venues like pubs.
According to the Office for Budget Responsibility, the Bill is expected to have a ‘net negative’ effect on the economy.
Industry leaders urge Ms Rayner to delay planned employment rights reforms amid growing concerns.
What did UKHospitality and the Federation of Small Businesses say about the employment reforms?
UKHospitality and the Federation of Small Businesses called on the Deputy Prime Minister to reconsider her plans in response to the OBR’s concerns.
Kate Nicholls, the chief of UKHospitality, stated,
“Our sector will be disproportionately hit by these costs, and if the Government gets it wrong, there would be some serious unforeseen consequences, which could hit employment and have effects in the wider economy.”
Craig Beaumont, the executive director of the FSB, said,
“The Government should push back these reforms as far as possible to give businesses more clarity.”
What did Lord Young say about free speech and pub regulations?
Lord Young of Acton, co-founder of the Free Speech Union, stated, “How will publicans be expected to protect their employees from overhearing conversations in pubs by customers that they may find offensive or upsetting?”
He said,
“When it was suggested [in the House of Commons] that pubs might have to employ ‘banter bouncers’ as one of the reasonable steps to protect employees, it was met with derisive, dismissive laughter by the government benches as a ludicrous straw man, but I don’t think it is a straw man.”
Mr Acton added,
“Publicans will have to take legal advice on how to limit their liability. I wonder how many publicans will decide, in the face of all their other difficulties, that this new duty, the cost of complying with it and the additional risks it entails, will mean the game is no longer worth the candle?”
What did Lords Hunt and Londesborough say about the Bill?
Lord Hunt of Wirral slammed the Bill as “not only anti-business” but also “anti-worker”.
He warned that if the Bill passes in its current form, it could be more accurately termed an “unemployment bill,” arguing that it rests on “unfounded, optimistic speculation” about economic growth, which it may instead “actively undermine.”
Lord Londesborough criticised the Bill as “fundamentally misguided,” arguing that its authors “lack experience in job creation, career development, and payroll management.”
What did Baroness Noakes say about the Bill?
Baroness Noakes described the Bill as an “economic disaster zone,” urging changes to shield small and medium-sized businesses.
She stated,
“People with a history of health-related absence, or young people with no track record, will be less attractive for employees due to ‘day-one’ rights and higher sick pay. This Bill will make life worse for many who want to work.”
What did the government spokesman say about the Employment Rights Bill?
A government spokesman stated,
“The Employment Rights Bill will not affect anyone’s right to lawful free speech, which this Government stands squarely behind. We are strengthening workplace protections to tackle the harassment of employees, but upsetting remarks do not fall within the definition of harassment.”
They said,
“Through our transformative Plan for Change, this Government has delivered the biggest upgrade to workers’ rights in a generation, and our measures already have strong support amongst business and the public,”
adding,
“We’ve engaged extensively with business on our proposals, and we will take time to also consult on the implementation of legislation to ensure it works for employers and workers alike.”
What are the key aspects of Labour’s employment rights reforms?
- Day-one rights for flexible work requests and unfair dismissal claims.
- Nine-month probation with easier dismissal rules.
- Fire & rehire ban unless necessary for business survival.
- Parental leave is available from day one.
- Stronger protections for pregnant women and new mothers.
- Zero-hour contracts banned unless workers opt in.
- Immediate statutory sick pay for all workers.
- Increased safeguards against workplace harassment.
- New Fair Work Agency to enforce regulations.
- Expanded union powers for worker representation.