Banter police could be patrolling the staff Christmas party

Hard-pressed bosses already have to deal with deadlines, red tape and staff who won’t actually come in to the office.

But from today, thousands of managers will also be turned into ‘banter bouncers’ because of the Government’s workers’ rights reforms, it is feared.

The changes come just in time for the office Christmas party season when misbehaviour is traditionally rife.

The overhaul under the Employment Rights Bill, unveiled earlier this month, will force firms with more than 250 employees to start drawing up annual action plans to reduce sexual harassment. Those who do not will be included on a government ‘name and shame’ list and could even face fines.

It adds to new requirements for employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace.

Harassment is clearly an issue that firms need to take seriously. However, what constitutes harassment is not spelled out, and there are fears that some bosses may be forced to start policing behaviour that many consider to be simply ‘banter’. For instance, a tribunal has recently found winking at a female employee or calling a man ‘bald’ could be classed as harassment.

Critics also said the changes will pile yet more costly red tape on businesses while potentially encroaching on free speech.

A government impact assessment on the changes estimates that more than 11,000 businesses will have to start drawing up the annual plans, which become a requirement from today.

Toby Young of the Free Speech Union said the changes risked turning bosses into ‘banter bouncers’. He added: ‘It’s bad enough requiring all employers to take “reasonable steps” to protect their employees from third-party sexual harassment, given that the legal definition of harassment includes “sexual comments or jokes” overheard by an employee and not directed at them. But under this Bill, the Government plans to ramp up this requirement to “all reasonable steps”.’

Office for National Statistics data shows that 26.5 per cent of people aged 16 and over who said they had experienced sexual harassment said it had happened at work. A TUC poll of women last year found that 58 per cent had been sexually harassed at work.