'Some employers, probably bigger, more sophisticated employers, have taken all of this seriously' says legal expert discussing bans on sexual harassment NDAs in Canada
The UK has moved to ban non-disclosure agreements (NDAs) in cases involving workplace sexual misconduct and discrimination — another win for those who want to end a practice that often silences victims.
The new legislation, an amendment to the Employment Rights Bill, is expected to come into force later this year. It will void any NDAs designed to silence workers who make allegations of harassment or discrimination.
Deputy Prime Minister Angela Rayner said it was “time we stamped this practice out,” BBC reported. If passed, the legislation will bring the UK in line with Ireland, the U.S. and two provinces in Canada.
The change is a response to years of high-profile misuse of NDAs, including the case of Zelda Perkins, former assistant to Harvey Weinstein, who broke her NDA to expose sexual abuse and sparked the #MeToo movement. Perkins, now a campaigner, called the amendment a “huge milestone” and credited those who “risked everything to speak the truth when they were told they couldn’t.”
The UK government’s action is intended to ensure “the regulations are watertight and no one can be forced into silence again,” Perkins added.
As Michael Lynk, associate professor of law at Western University, explains, NDAs are still legal in Canada, except for P.E.I. and...
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