Employers are likely to be banned from using non-disclosure agreements (NDAs) to silence victims of workplace harassment and discrimination following the government's latest amendments to the Employment Rights Bill.
The changes, which are expected to become law later this year, will void all confidentiality agreements that prevent workers discussing harassment or discrimination allegations, news outlets including the Guardian and the BBC reported.
Research from the CIPD, published last year, found that 22% of employers (in a survey sample size of 2,000) used NDAs when “dealing with allegations of sexual harassment”, while 44% said they did not use them in this way; 34% did not know. The CIPD also revealed that 48% of employers would support a ban, with just 18% in opposition.
The amendments will not impact NDAs for legitimate commercial use, such as protecting commercially sensitive information or intellectual property in business transactions, according to the Guardian.
“This new clause represents a fundamental change for employers and employees alike,” David Greenhalgh, an employment partner at commercial lawyers’ Excello Law, told HR magazine. “Employers will need to urgently review confidentiality wording in their employment contracts, policies and settlement agreements if the Bill is passed.”
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