NDAs silencing victims to be banned – but fight not over yet
“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”. That was the powerful declaration by Deputy Prime Minister, Angela Rayner, after landmark changes to the Employment Rights Bill were announced.
The amendments to the Bill will void any clauses in non-disclosure agreements (NDAs) which seek to prevent employees from speaking out about allegations of harassment, misconduct or discrimination. The changes have been introduced to ensure “no one is forced to suffer in silence” – allowing survivors to speak about their experiences freely and publicly.
Notoriously, NDAs have been used to silence survivors of abuse, “often through coercive circumstances” according to campaign group Can’t Buy My Silence. Whilst these agreements cannot be used to prevent survivors from providing information to the police that is in the public interest, for example, reporting a crime, they undoubtedly impede survivors’ access to public justice and support.
Campaigners from Can’t Buy My Silence have fiercely lobbied Parliament for years, urging MPs to prioritise worker safety and bring forward legislative proposals to ban the use of such clauses.
Commenting on the proposed changes to the Bill, Zelda Perkins, founder of Can’t Buy My Silence warned: “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.”
Whilst the finalised amendments have yet to be confirmed, they are understood to contain provisions stating any confidentiality clauses must be “at the request of the victims, with no undue attempt to influence”. The Bill is due to be debated in the House of Lords in the week commencing 14 July, and it will be necessary to keep a close eye on the proposed developments to ensure protective provisions are not watered down.
Previously, the law has “protected the powerful person in the room”, according to Zelda Perkins. If enacted, these changes will empower survivors of misconduct to openly share their experiences, preventing further instances of abuse of power from taking place.
If you have been the victim of any form of abuse or bullying at work, we encourage you to reach out to Bolt Burdon Kemp for a free and confidential conversation with one of our experts.
