The UK government plans to prohibit the use of non-disclosure agreements (NDAs) to silence employees who have experienced harassment and discrimination. Amendments to the employment rights bill will invalidate any confidentiality clauses in settlement agreements that prevent disclosure of harassment claims. This change will empower victims and witnesses to speak out without fear of legal repercussions. However, NDAs for legitimate business purposes will remain unaffected. Activists' efforts have highlighted the need for protections, especially for low-income workers who may lack the means to challenge employers legally.
Ministers will on Monday night table amendments to the government's employment rights bill to prohibit the widespread practice of using legally enforceable NDAs to conceal unacceptable behaviour at work.
If passed, the rules would mean any future confidentiality clauses in settlement agreements that sought to prevent a worker speaking about an allegation of harassment including sexual harassment or discrimination would be null and void.
The changes being introduced would not affect NDAs for legitimate commercial use but would create one of the toughest protection regimes in the world.
Victims and witnesses of harassment and discrimination should never be silenced, indicating a commitment to addressing the growing issue of NDA misuse.
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