The government has announced that employers will be prohibited from utilizing non-disclosure agreements (NDAs) to silence individuals who have experienced sexual misconduct or discrimination in the workplace.
An amendment to the Employment Rights Bill, anticipated to be enacted later this year, will nullify any confidentiality agreements that seek to prevent employees from discussing allegations of harassment or discrimination.
Deputy Prime Minister Angela Rayner stated, “It is time we stamped this practice out.”
The use of NDAs to conceal criminal activity gained prominence when Zelda Perkins, former assistant to Hollywood executive Harvey Weinstein, violated her NDA in 2017 to accuse him of sexual abuse.
More recently, the late Mohamed Al Fayed, former owner of Harrods, faced accusations of using confidentiality clauses to silence women who alleged rape and abuse.
An NDA is a legally binding document designed to protect confidential information between parties. While they can safeguard intellectual property or commercially sensitive data, their application has broadened over time.
Ms. Perkins initiated a campaign for legal reform over seven years ago.
She now leads the campaign group Can’t Buy My Silence UK and hailed the amendment as a “huge milestone,” indicating that the government has “listened and understood the abuse of power taking place.”
However, she emphasized that the victory “belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn’t.”
This legislative change will align the UK with Ireland, the United States, and certain Canadian provinces that have already banned the use of such agreements to prevent the disclosure of sexual harassment and discrimination.
Ms. Perkins stressed that while the law is a positive step, it is essential “to ensure the regulations are watertight and no one can be forced into silence again.”
Employment rights minister Justin Madders condemned the “misuse of NDAs to silence victims” as “an appalling practice.”
“These amendments will give millions of workers confidence that inappropriate behavior in the workplace will be dealt with, not hidden, allowing them to get on with building a prosperous and successful career,” he added.
The amendments will be debated by peers when the Employment Rights Bill returns to the House of Lords on July 14 and, if passed, will require approval from Members of Parliament as well.
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The golfer’s ex-girlfriend Erica Herman was seeking to have the non-disclosure agreement tossed out.
Lawyers for the golfer argue Erica Herman was a “guest” who had been “invited” to stay with him.