ILO Convention 190

Lord Young of Acton Excerpts

Monday 26th January 2026 Lords Chamber

[Lord Katz (Lab)]

My noble friend makes a very good point that enforcement has to be driven somewhat by example. It is important that we do not trivialise this issue, as some seek to do. I would widen that out past workplaces to the very issue of discrimination, harassment and violence against women and girls. That is why everybody in your Lordships’ House should be welcoming the Government’s violence against women and girls strategy that was published just before Christmas. We have a landmark mission to halve violence against women and girls over the next decade. That is the way that we place women’s equality at the heart of the Government’s missions.

[Lord Young of Acton (Con)]

My Lords, I declare my interest as a director of the Free Speech Union. Can the Minister help define what third-party non-sexual harassment employers will have a duty under Section 21 of the Employment Rights Act to take all reasonable steps to protect their employees from? In the past, when I have raised the spectre of that duty being extended to indirect harassment—for example, overheard conversations, jokes, remarks or witticisms—I have been pooh-poohed. Can the Minister assure us that I was just being alarmist and that, when the Government do produce their guidance on this issue, which I understand they are about to do, it will specifically say that business owners are not responsible for protecting their employees from overheard conversations, remarks, witticisms and jokes?

[Lord Katz (Lab)]

Well, I congratulate the noble Lord on getting through that question without mentioning the phrase “banter ban”. I am going to be absolutely clear: employers will not be penalised for failing to anticipate the unforeseeable or take other impractical steps. Employers cannot and are not expected to police or control every action of third parties. The measure does not change Article 10 of the European Convention on Human Rights, which applies in terms of interfering with the right to freedom of expression. It is clear that it is not about banning banter in a pub; it is about taking action against real hate, homophobia, racism and misogyny, which other customers or other workers should not have to face in this day and age.