Britain may widen a planned ban on non-disclosure agreements that silence victims of workplace harassment, discrimination and abuse to include agency workers and the self-employed, as well as permanent staff, the government said on Wednesday.
Launching a 12-week consultation, the government wants feedback on whether the planned protections should be extended, the conditions an NDA must meet to be valid and which workers should be free to speak to about their experience.
“We are committed to ending a culture of silence and impunity and stand with all survivors of harassment and abuse in the workplace,” Employment Rights Minister Kate Dearden said.
“These changes will ensure no one has to suffer in silence and give workers confidence that inappropriate behaviour will be dealt with.”
A Decisive Moment, Campaigners Say
Campaigners such as Zelda Perkins, founder of not-for-profit campaign group Can’t Buy My Silence, have for years campaigned against the misuse of NDAs, which they say perpetuate sexism and discrimination and prevent bosses from ending poor culture.
Lawmakers have said sexism and misogyny are rife in Britain – particularly in the financial services industry.
NDAs, or legally binding “gagging clauses”, can be used legitimately to protect commercially sensitive information.
But campaigners say they can also shield serial perpetrators, cover up discrimination, prompt women to resign and embed corrosive workplace cultures.
“This consultation is a decisive moment in the fight to end the silencing of victims,” said Perkins, urging victims to speak up and ensure the legislation is strong and enforceable.
“This is the chance to create world-leading protections and finally stop the misuse of confidentiality agreements to hide wrongdoing.”
Plans to void exploitative NDAs will also mean witnesses can no longer be pressured into agreements that would stop them reporting abusive conduct and publicly supporting victims.
The government, which also plans to consult about changes to the legal framework around whistleblowing in the coming months as part of a pledge to protect workers who denounce wrongdoing, said new rules to ban the misuse of NDAs would come into force in 2027.
(Reporting by Kirstin Ridley; editing by Barbara Lewis)
