Government to ban 'appalling' NDAs that 'silence' victims of workplace abuse

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Victims of bullying and abuse at work will no longer have to "suffer in silence", the government has said, as it pledges to ban controversial non-disclosure agreements (NDAs).

Accusers of Harvey Weinstein, the former film producer and now convicted sex offender, are among many in recent years who had to breach such agreements in order to speak out about what they had endured.

As Labour seeks to boost workers' protections, its ministers have suggested an extra section in the forthcoming Employment Rights Bill that would void NDAs designed to stop employees from going public about harassment or discrimination.

The government said this would allow victims to come forward about their situation rather than remain "stuck in unwanted situations, through fear or desperation".

 Reuters

Image: Zelda Perkins, former assistant to Harvey Weinstein, led the calls for wrongful NDAs to be banned. Pic: Reuters

Zelda Perkins, Weinstein's former assistant and founder of Can't Buy My Silence UK, said the changes would mark a "huge milestone" in combatting the "abuse of power".

She added: "This victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn't. Without their courage, none of this would be happening."

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Deputy prime minister Angela Rayner said the government had "heard the calls from victims of harassment and discrimination" and was taking action to prevent people from having to "suffer in silence".

An NDA is a broad term that describes any agreement that restricts what a signatory can say about something, originally intended to protect commercially sensitive information.

But "many high profile cases" have revealed NDAs being manipulated to prevent people "speaking out about horrific experiences in the workplace", the government said.

The updated bill, if passed, would also mean witnesses can also publicly support without the threat of being sued.

Announcing the amendments, employment minister Justin Madders said: "The misuse of NDAs to silence victims of harassment or discrimination is an appalling practice that this government has been determined to end."

The bill is currently in the House of Lords, where it will be debated on 14 July, before going on to be discussed by MPs as well.

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