Government to ban ‘appalling’ NDAs in cases of harassment and discrimination
Businesses are set to be banned from imposing non-disclosure agreements (NDAs) on victims of harassment and discrimination as part of Labour’s bid to boost workers’ rights.
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Ministers have put forward an amendment to the Employment Rights Bill, currently in the House of Lords, that would void NDAs against employees who have been subject to harassment or discrimination in the workplace.
Deputy Prime Minister Angela Rayner said the Government had "heard the calls from victims of harassment and discrimination" and was taking action to prevent people having to "suffer in silence."
The move follows repeated calls by campaigners and Labour politicians, including former transport secretary Louise Haigh, to allow victims to speak freely about their experiences.
Recent years have seen several high-profile cases of NDAs being used to silence victims of sexual harassment or bullying, including that of jailed former Hollywood producer Harvey Weinstein, whose accusers had to breach such agreements to come forward.
And, last month, the Commons Women and Equalities Committee called on the Government to ban NDAs to tackle misogyny in the music industry.
Zelda Perkins, Weinstein’s former assistant and founder of the campaign group Can’t Buy My Silence UK, said the move was "a huge milestone."
She said: "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 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."
Ms Perkins added the legislation will “lead globally".
“This is also about upholding the integrity of law… that makes my heart burst actually, because for me, my whole experience over the Weinstein debacle was more that the law did not protect me, the law did not help me, the law enabled Weinstein to continue behaving how he behaved.
"That this Labour government has actually listened and clearly understood and listened to businesses and listened to trade unions and listened to victims and actually seen the truth of the issue.
"Most of all, this is a win for the victims and the people who have been silenced because the risks that they have taken are way beyond any risk that anybody else who has supported this movement over the last few years.”
Ms Haigh, who has raised the issue several times in Parliament, said the decision was "an incredible victory for victims and campaigners" after years of "tireless campaigning."
She said: "This victory belongs to them. Organisations like Can’t Buy My Silence, led by the indefatigable Zelda Perkins, have exposed the harm caused by this toxic practice.
"Today’s announcement will mean that bad employers can no longer hide behind legal practices that cover up their wrongdoing and prevent victims from getting justice."
Ministers had previously indicated they were considering a ban on NDAs in cases of harassment and discrimination, while employment minister Justin Madders also called for a "cultural shift in employers" earlier this year.
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Announcing the amendments, Mr Madders said: "The misuse of NDAs to silence victims of 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."
Peers will debate the amendments when the Employment Rights Bill returns to the Lords on July 14 and, if passed, will need to be approved by MPs as well.