Government considering ban on NDAs in workers’ rights Bill
Labour is set to add a ban on UK employers using non-disclosure agreements (NDAs) to hush up harassment claims as part of its overhaul of employment rights.
The Employment Rights Bill, introduced last October, does not currently contain any provisions on NDAs. However, according to the Guardian, the employment rights Minister Justin Madders has indicated Labour is ready to amend the legislation in the coming months.
Liberal Democrat MP Layla Moran did add a similar amendment to void any NDA that prevents a worker from making a disclosure about harassment, including sexual harassment.
However, her amendment was rejected last week due to “specific wording” that was proposed, but Madders added that the government does “intend to look more closely at what we can do in this area”.
He added: “I have met some of the interested parties and there are other proposals to deal with this issue that might be slightly more workable than those in the new clause proposed by the Liberal Democrat spokesperson”.
A government spokesperson told the Guardian, “this government is on the side of working people, and our landmark employment rights bill will deliver the biggest upgrade to workers’ rights in a generation.”
“We are aware of concerns about the misuse of NDAs to intimidate and silence victims of crime, or other types of misconduct such as harassment, discrimination, and bullying, and are taking a fresh look at these issues to identify the right approach,” they added.
Last year, under the previous Tory government, plans were unveiled to crack down on the misuse of NDAs – or gagging clauses – to make sure they aren’t being used to silence victims of crimes.
Justice minister Lord Bellamy added an amendment to the Victims and Prisoners Bill which would make NDAs banning victims from disclosing information to the police, authorities or confidential support services legally inapplicable.
However, the previous government refused a recommendation from an influential group of MPs to ban the use of NDAs in all harassment cases.
This followed a probe into sexism in the financial services sector which revealed that NDAs were “misused” to “cover up” sexual harassment in the Square Mile, and they should be banned.
Back in September, it was revealed that the former Harrods owner Mohamed Al Fayed was alleged to have sexually abused dozens of women and girls. It was alleged he used NDAs to cover up and silence victims.