UK Bans Controversial NDAs Silencing Abuse
The Employment Rights Bill will ban employers from using non-disclosure agreements that silence workplace harassment and abuse.
- Non-disclosure agreements used by employers to silence employees subjected to harassment and abuse to be banned.
- Move to protect workers and stop victims from suffering in silence tabled as an amendment to landmark Employment Rights Bill.
- Welcomed by campaigners, this change is part of wider measures included in the Bill to back workers as part of the government’s Plan for Change.
Employees who are subject to harassment or discrimination will no longer be silenced by controversial non-disclosure agreements (NDAs), as part of amendments to the Employment Rights Bill.
Changes set to be introduced to the Bill, which is due to return to the Lords next week, will void NDAs used by employers against employees who have been subjected to harassment, including sexual harassment or discrimination in the workplace – no longer forcing them to suffer in silence.
The move will also mean that witnesses to this abhorrent behaviour can call it out and publicly support victims without the threat of being sued.
Deputy Prime Minister Angela Rayner said:
We have heard the calls from victims of harassment and discrimination to end the misuse of NDAs.
It is time we stamped this practice out – and this government is taking action to make that happen.
The Employment Rights Bill will ban any NDA used for this purpose, so that no one is forced to suffer in silence.
Employment Rights Minister Justin Madders said:
The misuse of NDAs to silence victims or harassment or discrimination is an appalling practice that this government has been determined to end.
These amendments will give millions of workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden, allowing them to get on with building a prosperous and successful career.
NDAs is a catch-all term to describe any agreement containing confidentiality or non-disparagement clauses or used to describe those clauses themselves. These contracts or clauses restrict what a signatory can say, or who they can tell, about something.
Their original purpose was to protect intellectual property or other commercial or sensitive information, but reports have shown they have become commonly used to prevent people speaking out about horrific experiences in the workplace.
There have been many high-profile cases of NDAs being used to prevent victims from speaking about crimes, often forcing women and vulnerable individuals to feel stuck in unwanted situations, through fear or desperation.
If passed, these rules will mean that any confidentiality clauses in settlement agreements or other agreements that seek to prevent a worker speaking about an allegation of harassment or discrimination will be null and void. This will allow victims to speak freely about their experiences and their employer able to support them publicly.
Campaign group Can’t Buy My Silence, spearheaded by Zelda Perkins, former PA to Harvey Weinstein, has led the charge in calling for this change, alongside MPs such as Louise Haigh and Sarah Russell.
Zelda Perkins, Founder of the campaign Can’t Buy My Silence UK, said:
This is a huge milestone, for years, we’ve heard empty promises from governments whilst victims have continued to be silenced, to see this Government accept the need for nationwide legal change shows that they have listened and understood the abuse of power taking place.
Above all though, this victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn’t. Without their courage, none of this would be happening.
This is not over yet and we will continue to focus closely on this to ensure the regulations are watertight and no one can be forced into silence again. If what is promised at this stage becomes reality, then the UK will be leading the world in protecting not only workers but the integrity of the law.
The amendments being tabled today will add to the measures already in place in the Employment Rights Bill – landmark legislation introduced as part of the government’s Plan for Change – ensuring workers’ rights are fair and fit for a modern economy, while tackling the low pay and poor working conditions still facing people up and down the country.
https://www.gov.uk/government/news/ban-on-controversial-ndas-silencing-abuse