Move to outlaw pub banter

By Graham Ridout

- Last updated on GMT

Related tags Licensed victuallers associations Executive tony payne Law Political correctness

Move to outlaw pub banter
Licensees who allow customers to flirt with or pester barmaids could face legal action under new equality laws being drawn up by the Government. The...

Licensees who allow customers to flirt with or pester barmaids could face legal action under new equality laws being drawn up by the Government.

The Single Equality Bill will give staff new rights to take action against employers who fail to stop customers harassing female bar staff and waitresses.

Lawyers have warned the new legislation could create a legal minefield for licensees and pub operators.

In the past, certain forms of banter might have appeared acceptable, but times have changed​Federation of Licensed Victuallers Associations chief executive Tony Payne.

Any customers who crack jokes, make lewd comments, or call a barmaid "love" could give staff the opportunity to haul licensees before an employment

tribunal.

The Government is moving to bring in the new laws following a court judgement earlier this year, which ruled that current legislation did not comply with EU

directives.

Federation of Licensed Victuallers Associations chief executive Tony Payne described the proposals as "another bout of political correctness."

"Licensees need to know that if customers are clearly harassing female staff and they fail to take any action they now run an increased risk of legal action.

"In the past, certain forms of banter might have appeared acceptable, but times have changed and hosts now have to demonstrate that they are looking after the interests of their employees.

"It's another graphic example of the politically correct climate in which we now have to operate," he said.

Chief executive of the British Hospitality Associa-tion Bob Cotton said: "The trouble is that one person's harmless banter is another person's sexual harassment.

"You could suddenly find yourself with an incident and the employer stuck in the middle of it."

Cotton added: "You would like to think common sense would prevail, but sadly it does not always work out that way."

The Single Equality Bill proposals were published by the Department for Communities & Local Government last week with a consultation period ending on 4 September.

Pub culture under threat​Pub managers' union boss Dave Daly accused the Government of trying to destroy Britain's unique pub culture. Daly, a licensee for 30 years, says banter between customers and bar staff is essential. "These proposals will destroy the fabric of the British pub in the cause of political correctness,"​ he said.

"Customers like to chat to the barmaid who is pulling their pint and this sort of interactive relationship makes a visit to the local so special.

"Bar staff are part of the theatre of pub life and while they are behind the bar they are on stage.

"There's a long history of pub banter and a good barmaid is always told to chat to regulars.

"It's innocent fun and generally means customers will make a return visit, and spend more," he said.

The law currently enables staff to take action against their manager or employer for direct harassment, but the new proposals aim to make it easier for staff to make employers liable for harassment from customers.

Related topics Legislation

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