By Sammie Jones-
Business Minister, Kelly Tolhurst is has announced a legislative change directed at totally clamping down on the abuse of None Disclosure Arrangements used to cover up abusive practices in the workplace, including sexual harassment.
The new legislation is being set up to crack down on the misuse of Non-Disclosure Agreements (NDAs), also known as confidentiality clauses, in the workplace. NDA’s are being abused by dominant employers throughout the Uk, especially to cover up sexual harassment, racial discrimination and other wrong doings. New laws will force employers to disclose the limitations of NDA’s so that victims of criminal conduct in the work place can feel free to report it to police without fear of contractual breach.
NDAs can be used by businesses for a number of legitimate reasons but in a minority of cases they are being abused and those that sign them not made aware of their rights.
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Business Minister Kelly Tolhurst today announced plans for new legislation which will, for the first time, prohibit NDAs being used to prevent individuals from disclosing information to the police, regulated health and care professionals, or legal professionals, such as a doctor, lawyer, or social worker.
“We will not tolerate the use of NDAs to silence and intimidate victims to prevent them speaking out”
The updated legislation will also ensure employers make clear the limitations of a confidentiality clause, in plain English, within a settlement agreement and in a written statement for an employee so individuals signing them fully understand what they are signing and their rights. Members of the public who become aware of this news will be expected to challenge employers who attempt to gag them with a None Disclosure Agreement (NDA) about matters related to sexual harassment or discrimination of any kind, since such agreements will lack legal force.
Business Minister Kelly Tolhurst said:
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”The vast majority of businesses comply with the law and use NDAs legitimately – from protecting commercially sensitive information to preventing information being shared with competitors.
As we have seen in the news recently, there are a handful of employers using NDAs to cover-up criminal acts in the workplace, including sexual harassment, assault and racist discrimination.
We will not tolerate the use of NDAs to silence and intimidate victims from speaking out. The new legislation will stamp out misuse, tackle unacceptable workplace cultures, protect individuals and create a level playing field for businesses that comply with the law.
Women and Equalities Minister, Penny Mordaunt, said:
Sexual harassment is illegal, yet individuals are still reporting abhorrent ordeals in the workplace.
Today’s announcement will work alongside the consultation I launched earlier this month setting out further protections for workers against this type of vile behaviour.
Chief Executive of the Equality & Human Rights Commission Rebecca Hilsenrath said:
Harassment and discrimination should never go unanswered and unchallenged just because victims are prevented from speaking out. This new legislation will help to end ambiguity about employees’ rights and stop the misuse of NDAs to protect corporate and personal reputations and obstruct justice.
The use of NDAs is only part of the problem of workplace harassment and discrimination, and employers must step up to protect their employees from this appalling behaviour before it happens. We are developing new guidance on NDAs and tackling harassment which will provide further clarity for employers and help them create safe and supportive working environments.
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