As we have seen reported over the recent months, the Employment Rights Bill, currently making its way through Parliament, will arguably bring about the greatest changes to employment law in a generation. The latest announcement is the fact that the UK government plans to ban the use of non-disclosure agreements (NDAs) for employees or workers subject to discrimination or harassment, writes Marianne McJannett.
If passed, any confidentiality clauses in settlement agreements or other agreements that seek to prevent a worker speaking about an allegation of harassment or discrimination would be unenforceable, allowing victims to speak freely about their harassment. Deputy PM Angela Rayner said in her statement about this amendment, “Victims and witnesses of harassment and discrimination should never be silenced…the use of NDAs to cover up abuse and harassment is growing – and sadly amongst those in low-income or insecure employment across multiple industries and workplaces. This cannot go on. That is why we are stamping out this practice and taking action to ban any NDAs used for this purpose. My message is clear: no one should suffer in silence and we will back workers and give survivors the voice that they deserve.”
The changes being introduced to the bill, would not affect NDAs for legitimate commercial use, such as commercially sensitive information (for example client details) or intellectual property, but would simply relate to employees who have raised issues of...
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