The UK government deserves great credit for being brave enough to introduce this radical legislation. They want to prohibit non-disclosure agreements (NDAs) that silence victims of workplace sexual misconduct or discrimination. The new amendment to the Employment Rights Bill would prevent employers using NDAs to cover up harassment and abuse. This amendment would bring UK legislation into line with comparable statues in Ireland, the US and several Canadian provinces.
We’ve heard a lot from the media about how NDAs are being used improperly in recent years. Until recently, high-profile cases have shed light on this troubling issue. In 2017, Zelda Perkins went public by breaking her own NDA to charge film producer Harvey Weinstein with sexual abuse. Since then, she has emerged as one of the leading voices calling for reform. More than seven years since that first signing, Perkins has worked to vigorously change the law on NDAs. He fights tooth and nail to pass regulations that insulate victims from being muzzled.
Perkins focused on the need for clarity to really make these regulations bulletproof. He vowed that never again would anyone have to suffer in silence.
Employment rights minister Justin Madders took the fight right to the heart of the matter, condemning the practice of using NDAs to silence victims as “barbaric”. He called such a practice “an appalling practice” not befitting of contemporary workplaces. The government’s promise to reform is an encouraging sign of the rising awareness and advocacy efforts to end workplace misconduct.
The new amendment removes all confidentiality agreements from consideration. These agreements today seek to prohibit employees from ever speaking about claims of harassment or discrimination. Members of the House of Lords will discuss these amendments as the Employment Rights Bill comes back on 14 July. For the amendment to take effect as law, it needs the backing of Members of Parliament (MPs).
This significant legislative step comes on the heels of revelations about powerful people such as Mohamed Al Fayed. He has reportedly used non-disclosure agreements to keep women claiming rape and abusive behavior quiet. Cases like these demonstrate the alarming need for legislative change to protect victims and to hold workplaces accountable.
The changes are expected to be enacted later this year, a development that advocates hope will empower victims and foster a more transparent workplace culture. Deputy Prime Minister Angela Rayner emphasized the urgency of this reform, declaring it is “time to stamp this practice out.”
Zoe Conway, employment correspondent for BBC News, reported on the erosion of workplace rights. Here’s what she said about the likely impact of these moves on workers and states. This is an important step on the federal government’s part to address so many issues that have plagued workplace misconduct and discrimination for decades.