Employers are soon prohibited from using nondisclosure agreements to silence victims of sexual misconduct at work or discrimination. Changes to the Employment Rights Bill will nullify confidentiality clauses that were included in settlement agreements to prevent victims of workplace sexual misconduct or discrimination from speaking out.
The Government confirmed that it expects the amendment to become law in later this year. Angela Rayner, Deputy Prime Minster said: “We’ve heard from victims of discrimination and harassment that NDAs should not be misused. This practice must be stopped, and the government is doing its best to do so.
She said, “The Employment Rights Bill prohibits any NDA used in this manner, so that nobody is forced to suffer silently.”
Justin Madders, Minister of Employment Rights, said: “This government is determined to stop the appalling practice of using NDAs as a way to silence victims of discrimination or harassment.” The amendments will allow millions of workers to feel confident that any inappropriate behavior in the workplace is dealt with and not concealed, allowing them a successful and prosperous career.
The amendment is welcomed by campaigners
Can’t Buy My Silence, a campaign group that has been calling for change since long time, is a leading advocate of this. Zelda Perkins of Can’t Buy My Silence UK broke her NDA to speak out and accuse Harvey Weinstein, her former employer, of abuse.
Weinstein was accused of sexual abuse by more than 80 women working in the film industry. These accusations ranged from rapes to sexual harassment. Weinstein, the disgraced movie mogul, has been found guilty of sexual abuse.
Perkins stated, “This is an important milestone. For years we have heard empty promises while victims were silenced. To see the government accept the need for a nationwide legal change shows they have listened to and understood the abuses of power that are taking place.”
“Above everything, this victory belongs the people who broke NDAs and risked it all to tell the truth, even when told that they couldn’t. This would not have happened without their courage. We will not stop here. We are still working hard to make sure that the regulations remain watertight.
If what was promised becomes a reality, the UK will lead the world not only in protecting workers but also the integrity of law.
Changes in the environment
Rob McKellar of Peninsula Legal Services, said to HR Review, “Employers will still be able settle discrimination and harassing issues, but they will not guarantee that the details of incidents involved will remain confidential.”
McKellar pointed out that the amendment was a result of high-profile cases, such as those with Harvey Weinstein and Mohamed Al Fayed where NDAs had been used to hide serious allegations of sexual abuse.
McKellar stated that the government was very clear in its position. “There is no place for workplace harassment,” McKellar added. The Bill also includes measures to combat sexual harassment, an obligation not to allow third-party harassment of employees and tighter protections for whistleblowers.
Employers will likely review their policies and workplace culture in light of the changes. McKellar cautioned that merely having policies in place was not enough.
He said that employers should ensure they have enough policies and processes to prevent harassment. But just having policies in place will not suffice. Employers must also ensure that they have a zero-tolerance policy for any behavior that could be considered harassment at all levels within their company.
