The Banter Ban – What it really means to you
06 Aug 2025
The Labour government’s Employment Rights Bill is making headlines – and not just for its sweeping reforms.
Clause 20, dubbed the “banter ban,” has sparked intense debate across political and professional circles amid some fears that it could stifle workplace chat.
But is it something to be wary of or a way of cutting out speech which causes real harm every day of the working week?
What Is the “Banter Ban”?
Clause 20 of the Employment Rights Bill requires employers to take “all reasonable steps” to prevent harassment of staff by third parties, including customers, clients, and contractors.
While the intention is to protect employees from abuse, critics argue that the clause could extend liability to overheard conversations in public spaces, such as pubs or retail settings.
This has led to fears that casual workplace banter could now be grounds for legal action if deemed offensive, particularly when linked to protected characteristics such as race, gender, religion, or sexual orientation.
Key Measures in the Bill
- Third-party harassment protections: Employers must proactively prevent harassment from non-employees.
- Expanded tribunal access: Employees can take action if they feel employers failed to prevent offensive remarks.
Implications for Workplace Culture
Banter, when respectful, can foster camaraderie and morale. But when it crosses into discriminatory territory, it risks alienating staff and triggering costly tribunal claims. In 2024 alone, 57 tribunal cases were linked to workplace banter.
The proposed legislation could:
- Encourage a culture of caution: Employees may self-censor, fearing misinterpretation.
- Increase employer liability: Businesses could be held accountable for remarks made by customers or clients.
- Strain customer-facing sectors: Hospitality and retail may struggle to maintain personable service under stricter scrutiny.
What Business Can Do
Here’s some simple measures you can take today to navigate the changes in the bill.
- Update harassment policies: Include clear guidance on third-party interactions and acceptable language.
- Provide training: Educate staff on respectful communication and the risks of inappropriate humour.
- Foster a speak-up culture: Encourage employees to report concerns without fear of retaliation.
- Monitor public-facing environments: Consider signage or staff briefings to manage customer interactions.
- Review disciplinary procedures: Ensure they’re robust enough to address breaches swiftly and fairly.
Striking the Right Balance
While some critics view the banter ban as an overreach, others see it as a necessary step toward safer, more inclusive workplaces.
As the Bill progresses through Parliament, the line between playful banter and harmful behaviour is likely to become finer than ever – and navigating it requires clarity, compassion, and strategic foresight.
