UK to ban non-disclosure agreements that silence workplace harassment
The incoming Employment Rights Bill will ban employers from using non-disclosure agreements that silence workplace harassment and abuse, the government has announced.
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.
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 from 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 will be able to support them publicly.
“The misuse of NDAs to silence victims of harassment or discrimination is an appalling practice that this government has been determined to end,” said Employment Rights Minister Justin Madders.
“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,” he said.
