Ban on NDAs for harassment and discrimination branded ‘victory for survivors’

The ban, which is being brought in via an amendment to the Employment Rights Bill, will allow those who experience harassment or discrimination at work to speak out.

These new protections will not, however, apply to those in the the Armed Forces or the security services.

Zelda Perkins, the first former Harvey Weinstein employee to break her non-disclosure agreement (NDA) in 2017, was in the House of Commons on Monday to see the commitment to legislative change.

Ms Perkins set up the Can't Buy My Silence campaign in 2021 to lead the fight against abusive NDAs.

Labour former minister Louise Haigh, who originally brought forward a similar amendment in April, said the misuse of NDAs "ruins lives" and has allowed systemic abuse to be ignored.

Ms Haigh told MPs: "Today's victory undoubtedly belongs to the brave victims and survivors who have repeatedly spoken up, risked legal sanction and financial ruin by speaking out and challenging wrongdoing where they have seen it in their workplace.

"When we vote on this legislation, the UK will begin to have the most comprehensive law on NDAs anywhere in the world."

She added: "This law will have a direct impact on millions of lives. Victims will no longer be silenced, their abuse ignored or perpetrators protected."

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Ms Haigh argued that the ban will also bring about "wholesale culture change", forcing employers to address harassment and discrimination "head on".

She said: "The widespread misuse of NDAs has sustained environments where abuse and discrimination have been covered up, where silence could be bought, and where perpetrators were protected, whilst victims were pushed aside.

"It has perpetuated and protected toxic workplace cultures, and has allowed systemic and institutional abuse to be ignored.

"Where harassment and discrimination takes place in the future, employers will have to address it head on.

"Abusers will have to face up to their wrongdoing, and victims will not be the ones forced out of their jobs."

Ms Haigh raised the case of Sarah Wynn-Williams, who wrote the book Careless People, which Ms Haigh described as "a shocking exposé of the workplace culture at Meta, its practices in Myanmar and China and how it has targeted teenagers in emotional distress to push consumer products on them in their darkest hours".

She told MPs that Ms Wynn-Williams is "on the verge of bankruptcy" due to a gagging order from Meta, which is "attempting to fine her 50,000 dollars for every breach of that order".

She said: "Despite previous public statements that Meta no longer uses NDAs in cases of sexual harassment, which Sarah has repeatedly alleged, she is being pushed to financial ruin through the arbitration system in the UK as Meta seeks to silence and punish her for speaking out."

Sarah Owen, chairwoman of the Women and Equalities Committee, thanked Ms Haigh for her work on banning NDAs for sexual harassment and bullying in the Bill.

She said: "We heard, loud and clear, many of the people in the music industry are self-employed, and many of them have been subject to NDAs, and it goes unreported, unknown.

"The difference this will make to so many people throughout many different sectors, (it) is so important that we get this through."