Published on •Updated
Ministers in the UK tabled amendments to the Employment Rights Bill on Monday night to prohibit the use of non-disclosure agreements (NDAs) to cover up workplace misconduct.
On Tuesday morning, the UK government posted an update on their website confirming the change to the bill, expected to become law later this year.
This comes as part of the government’s Plan for Change in a bid to address workplace rights and equality, which it describes as “the biggest upgrade to workers’ rights in a generation”.
NDAs, legal contracts that prevent certain pieces of information from being shared, were historically created to protect intellectual property or other sensitive details. However, they are increasingly being used to stop workers from speaking out about bad experiences in the workplace.
Employers will no longer be able to use NDAs, even those signed before the amendment, to silence staff who have been victims of harassment or discrimination. It will also allow witnesses of inappropriate behaviour to report incidents and support victims without the threat of being sued.
The original purpose of non-disclosure agreements to protect intellectual property and commercially sensitive information will still be allowed.
In response to the developments, Deputy Prime Minister Angela Rayner posted on X: “Victims and witnesses of harassment and discrimination have been silenced for too long. This Labour government will stamp it out.”
Campaign group Can’t Buy My Silence, led by Harvey Weinstein’s former PA Zelda Perkins, has led the charge alongside lawmakers Louise Haigh and Sarah Russell to bring this change to the table.
“This is a huge milestone, 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,” Perkins said in a statement.
“Above all though, this victory belongs to the 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.
“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. If what is promised at this stage becomes reality, then the UK will be leading the world in protecting not only workers but the integrity of the law.”
It is unclear exactly when the changes will be implemented as the bill still needs to go back to the House of Lords before it can pass into law. Parliament’s summer recess begins on 22 July.
The legal change would bring the UK in line with countries like Ireland and the United States, who have already banned the use of NDAs to silence victims of sexual harassment and discrimination.
