Some traditional Christmas songs—including well-known classics—could face restrictions in British hospitality venues following new employment legislation that requires employers to prevent harassment of staff, including on the basis of “protected characteristics.”
Under what began as Clause 20 of the bill that became the UK’s Employment Rights Act, employers are required to take all reasonable steps to protect employees from ‘harassment’ by ‘third parties.’ Some legal interpretations suggest this obligation could extend to limiting the playing or singing of Christmas songs in pubs and restaurants if they are deemed racist or offensive to staff.
Critics warn that the legislation could lead to popular festive songs—ranging from “Jingle Bells” and “Do They Know It’s Christmas?” to “Baby, It’s Cold Outside” being removed from playlists.
Amid concerns about the fate of long-standing holiday traditions in the hospitality sector, such measures could restrict freedom of expression at Christmas. Opponents of the government’s ‘banter ban’ predicted this risk when the legislation was first announced.
