Max Thompson: The banter ban marks the death of the Great British pub

Max Thompson is legislative affairs and campaigns officer for the Free Speech Union.

Angela Rayner’s Employment Rights Bill has rung the bell and it is kicking out time. This week (il)Liberal Democrat peers voted with Labour to put a banter bouncer in every pub from October 2026.

Clause 20 of the Employment Rights Bill is an all out assault – cultural, economic and social. A solution in search of a problem.

The Banter Ban will extend employers’ liability for non-sexual harassment to third parties. In plain speak, employers’ will have to take “all reasonable steps” to protect their employees from the private conversations of customers.

What’s more, an employee will be able to sue their employer even if they do not possess the protected characteristic. They can be offended on behalf of another colleague.

While landlords face soaring bills and increased taxes, they will now have to take “all reasonable steps” to prevent their staff from being offended by the words of punters having a private conversation.

Guidance is set to be offered on what constitutes “all reasonable steps” at a later date regarding third-party sexual harassment. There is a lack of clarity of when, or if, this will be extended to the realm of non-sexual third-party harassment. Businesses will be forced to interpret what “all reasonable” steps are and seek expensive legal advice and implement policies to avoid litigation.

Expect a banter bouncer in every beer garden, a code of conduct on every wall of every pub, and don’t forget proof of Equality, Diversity and Inclusion training before heading out for a pint.

The result is the death of the Great British pub.

People will understandably decide to spend an evening in the confines of their own home (if they can afford one) where they can say what they so wish…for now.

It begs the question: is there any British institution that this Government isn’t seeking to destroy?

George Orwell called the pub “the heart of England”. Well, Labour’s Employment Rights Bill is the stake poised to be driven straight through that heart. Pubs and free speech are fundamentally British. I challenge you to find something more quintessentially British than a trip to your local for a beer and chat.

There are vanishingly few.

The Free Speech Union launched their “Say No To The Banter Ban” campaign with a boozy affair at the Speaker Pub, Westminster. Since, General Secretary of the Free Speech Union, Lord Young of Acton, has been leading efforts in the House of Lords to stand up for pubs and our right to banter. At each stage his amendments have been thwarted by the fun police. This is despite the EHRC fearing that Clause 20 will “disproportionately curtail” freedom of expression.

One amendment would have excluded landlords of being made liable for ‘indirect harassment’ in their establishments. This amendment was supported by UK Hospitality, HM Opposition and Baroness Cash, a commissioner of the EHRC. Another amendment would have excluded expressions of a political, moral, religious or social opinion unless they were “grossly offensive”.

The Banter Ban is yet another example of the accelerated erosion of free speech in this country. It comes to something when the Vice President of Britain’s closest ally questions the Government’s commitment to the principle of free speech on the world stage. Keir Starmer should hang his head in shame.

Britain – a nation of mickey takers – is fast becoming a breeding ground for those who relish the opportunity to be offended. An age of hyper-sensitivity. Thanks to Angela Rayner’s Bill, they will make a quick buck out of it as well at the Employment Tribunal.

Employment Tribunal Courts are buckling at the seams. In March 2025, the backlog reached a record 52,000 cases and this Bill’s impact assessment estimates the number of cases will increase by 15 per cent annually. Undoubtedly, those who face serious workplace harassment will be delayed justice in favour of those who just have opposing views on migration to an employee.

The economy is in a death spiral and businesses are crying out for certainty and stability. The British Beer and Pub Association has claimed a pub a day is closing. UK Hospitality have stated that the impact of Reeves’s disastrous budget has increased costs by £3.4 billion. The Employment Rights Bill is expected to cost businesses £5 billion with smaller businesses feeling it most acutely.

If COVID, the energy crisis and Labour’s budget weren’t enough to kill off  pubs, the ‘Banter Ban’ could be the final nail in the coffin. The Chancellor promised to revive the pub sector while pouring a pint at the Humble Plumb last year. Now, her future leadership rival is calling time on them.

If there was ever a point in our history when we needed a drink and a laugh it is now. God knows, the Chancellor has recently looked like she is in desperate need of one.