UK Government Rolls Out New Laws Making Workplace ‘Banter’ a Crime
by David Lindfield
British employers face expanded legal liability for harassment at workplace parties and misconduct by customers under Labour’s Employment Rights Act, prompting warnings that businesses will be forced to police conversations while navigating another layer of government regulation.
The Equality and Human Rights Commission is preparing guidance reminding employers that their responsibilities extend to work-related social events, including gatherings outside normal hours where alcohol is served.
Under the new laws, behavior previously considered to be “playful banter” is now considered a criminal act with serious legal consequences.
The changes, which came into effect on Friday, require employers to take all reasonable steps to prevent “harassment.”
It now comes under a higher standard than the previous requirement to take reasonable steps, with jokes about an employee now legally requiring intervention.
Conservatives warn that the rules will leave employers facing legal uncertainty, tribunal claims, and potentially uncapped compensation.
Conservatives Warn Bosses Will Become the “Fun Police”
Shadow Business Secretary Julia Lopez said the legislation would pressure employers to monitor jokes and conversations at staff celebrations.
“Labour’s banter ban risks turning bosses into the fun police, policing every joke at the office Christmas party and leaving employers walking on eggshells over what someone might say after a few drinks,” Lopez said.
She argued that the new obligations would compound the pressures already facing businesses.
“These unworkable rules in Labour’s Employment Rights Act will pile more pressure on businesses already struggling under Labour, with the OBR warning yesterday that the Act is likely to have a negative impact on our economy,” Lopez said.
“The Conservatives will scrap the job-destroying elements of Labour’s Employment Rights Act, stop businesses being bogged down in unnecessary red tape and get Britain working again,” she added.
Bosses will be under increasing pressure as employees celebrate Halloween this week and attend Christmas parties over the coming months.
Businesses Face Liability for Third Parties
The legislation extends employers’ responsibilities beyond the conduct of their own staff.
Pubs, stores, and other businesses can face liability if workers experience harassment from customers, contractors, freelancers, conference delegates, or members of the public and the employer failed to take all reasonable preventative steps.