Bosses told to act like the 'fun police' at boozy work parties after Labour's 'banter ban' comes into force
Companies will be told to act like the fun police at boozy work parties after Labour’s controversial 'banter ban' comes into force on Friday. The human rights watchdog will publish guidance reminding businesses about their new ‘legal obligations’ around work social events under Angela Rayner 's worker’s rights laws. The Equality and Human Rights Commission (EHRC) warned that ‘risks can be higher’ when staff socialise outside of working hours or where alcohol is consumed.
The watchdog said: ‘With workplaces across the UK holding Halloween events this week, the EHRC is also reminding employers to plan for risks linked to work-related social events.’ Bosses will now have to ‘consider those risks in advance’ as they ‘can be held legally responsible for the harassment of their workers’ if not, the EHRC added. As part of Labour’s ongoing implementation of Ms Rayner’s Employment Rights Act 2025, pubs, shops and other businesses will be liable for offensive comments and behaviour by their customers.
From Friday all businesses will be required to take ‘all reasonable steps’, rather than simply ‘reasonable steps’, to prevent sexual and other harassment of their employees. Bosses can also be liable if employees are harassed by ‘third parties’, including customers, self-employed contractors or freelancers, delegates at a conference, and even members of the public if they failed to take all reasonable steps to prevent it. Bosses will be told to act like the fun police at boozy work parties after after Labour’s controversial 'banter ban' comes into force under Angela Rayner’s Employment Rights Act Under the new system, pubs, shops and other businesses will be liable for offensive comments and behaviour by their customers Businesses face being taken to tribunals and paying out uncapped compensation if they are found not to have taken ‘all reasonable steps’ to stop any harassment related to ‘protected characteristics’ including age, disability, race, religion or belief, sex, sexual orientation and gender reassignment.
Shadow business secretary Julia Lopez said: ‘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. ‘These unworkable rules in Labours 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. ‘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.’
Dr Mary-Ann Stephenson, chair of the EHRC, said: ‘The law now requires employers to take all reasonable steps to prevent sexual harassment. This means looking at where risks arise, acting before incidents happen and checking that preventative measures are effective. ‘As the equality regulator, it’s our job to help employers fully understand their responsibilities to protect their staff from harassment. Our updated guidance gives employers practical support to understand the law, providing examples of reasonable preventative steps that can be taken as well as information on preventing third-party harassment.’
Other new powers in Ms Rayner’s Bill coming into force on Friday include new powers for trade union officials and shop stewards to march into offices and factories. Unions can request access to workplaces to engage with workers, either in person or digitally, with 15 working days’ notice and businesses face punishing fines of up to £500,000 if they refuse to engage.
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