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UK bosses will be banned from using non-disclosure agreements (NDAs) to silence employees who have experienced harassment and discrimination in the workplace, if proposed amendments to the government’s employment rights bill get passed.
The rules would mean any future confidentiality clauses in settlement agreements that sought to prevent a worker speaking about an allegation of harassment or discrimination would be null and void, enabling victims to speak out about their experiences, while witnesses – including employees – could also speak out without fear of repercussions.
These changes would not impact NDAs for legitimate commercial use, such as commercially sensitive information.
Harvey Weinstein’s London-based former UK assistant Zelda Perkins has been a major advocate for this reform, spearheading the campaign Can’t Buy Silence, having broken her own NDA back in 2017 to speak about sexual harrassment at the hands of Weinstein.
As reported by The Guardian, Perkins said: “To see this government accept the need for nationwide legal change shows that they have listened and understood the abuse of power taking place.
“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.”
In Ireland, Canada and the US legislative changes have been put in place to ban the use of NDAs to prohibit disclosure of sexual harassment, discrimination or bullying, unless the expressed wish of the employee.
Philippa Childs, head of creative industries’ union Bectu, said in response: “Film and TV and the rest of the creative industries have been plagued by powerful predatory men for too long, facilitated by the use of NDAs.
“Banning the use of NDAs in sexual harassment cases is a clear statement from Government that this unacceptable behaviour can no longer be covered up. This development will be particularly welcome for freelance members working across the creative industries where perpetrators have been able to use the cover of NDA’s to hide in plain sight.
“Sexual harassment continues to be a serious problem for the Sector and today’s announcement is a welcome step which will help towards stamping out abuse of power.
“This change is a testament to the tenacious work of Zelda Perkins and the #cantbuymysilence campaign.”
Helena Kennedy, chair of UK creative industries standards body CIISA, added: “For too long NDAs have been misused to silence victims of harassment or discrimination, creating a chilling effect on the ability to call out unacceptable behaviour in the workplace and allowing perpetrators to hide in the shadows. We commend the tireless work of ‘Can’t Buy My Silence’ and Zelda Perkins, and the bravery of those who spoke out in the face of legal threats – their action will help to make workplaces up and down the country safer.”
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