Labour and trade unions have criticised an attack by Nigel Farage on a proposed law aimed at protecting workers from sexual harassment – which the Reform UK leader claimed could lead to the end of pub banter.
Farage is among those who have criticised the clause in the employment bill that gives workers protection from third-party harassment. It says employers must take “reasonable steps”, for example to protect bartenders from harassment by customers.
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, according to a TUC poll.
The Reform leader said the clause could in effect ban discussion of sensitive subjects such as religion or views on transgender rights. The Equality and Human Rights Commission (EHRC) has said there must be guidance for employers not to overinterpret the legislation, which is meant to protect workers from abuse.
Farage told viewers on his GB News show that it was tantamount to banning pub banter, despite the design to prevent sexual harassment. “I have a little theory that every pub is a parliament. I’ve so often been in a pub debate where I’ve had an opinion and someone says: ‘Hang on a second, have you looked at it like this?’” he said.
“And you actually can be turned around in a pub over a drink by the power of debate. And I think it’s pretty fair in pubs for virtually everything, within reason, to be up for debate.
“However, the new employment rights legislation, which is designed to protect employees, says that debates should not happen in pubs if they’re offensive to staff. And this could well include debates such as transgender rights and veganism. And if they’re being expressed in a contentious way, people in the pub could be asked to leave. You might as well close the pubs down!”
The new bill will apply to the whole of the UK other than there being some limitations for Northern Ireland.
The TUC general secretary, Paul Nowak, said: “Nobody should be abused while doing their job, but sadly we have seen a rise in violent abuse and harassment of people like shopworkers, NHS workers and many other public facing staff.
“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.
“Nigel Farage is promising the same broken status quo – not the economic reset working people desperately need. Reform has no plan for workers and Nigel Farage is no friend of working people – he’s on the side of bad bosses, zero-hours contracts and fire-and-rehire.”
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The clause in the employment rights bill, which is due to return to parliament next month, will mean employers will have to anticipate where such harassment may occur and put in place action plans to protect their workforce.
It is likely to include reporting channels and fresh complaints procedures, as well as risk assessments. It could also include more direct communication with customers and clients about the expectations in the workplace.
However, the EHRC has warned the implementation of such a clause will be complex in relation to someone expressing a protected belief – such as on religion or gender identity. It said in written evidence to MPs last month, first reported by the Times, that it could result in “disproportionate restriction of the right to freedom of expression”.
A Labour spokesperson said: “Everyone has the right to go to work in the knowledge that they will be protected from harassment in their workplace. Labour’s landmark employment rights bill is a once-in-a-generation chance to improve the lives of millions of working people. Is Nigel Farage happy for harassment at work to be left unchecked?”
Polling for the TUC shows broad support for the bill among Reform voters. Of the Reform voters polled by Opinium, 77% supported a real living wage, 57% backed new protections against unfair dismissal, 69% supported day one sick pay and 63% a ban on fire-and-rehire.
