The UK's Equality and Human Rights Commission (EHRC) has published advice on Parliament's Employment Rights Bill, expressing concerns that Section 16, which aims to protect employees from third-party harassment, could inadvertently restrict freedom of expression. The EHRC notes the difficulty employers might face in determining what constitutes 'harassment,' particularly in the context of overheard conversations and potentially protected philosophical beliefs. The commission argues that the bill's current wording could disproportionately limit free speech rights.
In this image taken from video, lawmakers gather in the House of Commons, London, Tuesday July 9, 2024, as Parliament returned.
EHRC wrote that the bill’s 16th section, which bars employers from allowing a third party to harass an employee, raises complex questions about the appropriate balance between third parties’ rights to freedom of expression and staff members' protection from harassment. The commission said that “complexity” could be “compounded” if a third party’s behavior is the expression of an opinion that might be perceived as a philosophical belief which would “attract” protection from discrimination.
EHRC noted while it supports Parliament’s prohibition of other harassment, the body should further analyze how to balance third parties’ right to freedom of expression and employees’ protection from harassment.
EMPLOYMENT RIGHTS FREEDOM OF EXPRESSION HARASSMENT UK PARLIAMENT EQUITY ACT
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