Employment Rights Bill amendments ban NDAs

Employees who are subject to harassment or discrimination will no longer be silenced by controversial non-disclosure agreements (NDAs), as part of amendments to the Employment Rights Bill.

Employment Rights Bill amendments ban NDAs

Changes set to be introduced to the bill, which is due to return to the Lords next week, will void NDAs used by employers against employees who have been subjected to harassment, including sexual harassment or discrimination in the workplace – no longer forcing them to suffer in silence.  

The move will also mean that witnesses to this behaviour can call it out and publicly support victims without the threat of being sued.  

Deputy Prime Minister Angela Rayner said: ‘It is time we stamped this practice out – and this government is taking action to make that happen.

‘The Employment Rights Bill will ban any NDA used for this purpose, so that no one is forced to suffer in silence.'

Employment rights minister, Justin Madders, said: ‘The misuse of NDAs to silence victims or harassment or discrimination is an appalling practice that this government has been determined to end.

‘These amendments will give millions of workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden, allowing them to get on with building a prosperous and successful career.'

If passed, these rules will mean that any confidentiality clauses in settlement agreements or other agreements that seek to prevent a worker speaking about an allegation of harassment or discrimination will be null and void. This will allow victims to speak freely about their experiences and their employer able to support them publicly. 

In response, RCN general secretary and chief executive Professor Nicola Ranger, said: ‘Greater restrictions being placed on the use of NDAs is also a vital step to ensure victims of harassment, abuse, bullying, and other unacceptable workplace behaviour aren't silenced. 

‘The Employment Rights Bill is a vital extension of workers' right that nursing staff need and deserve. We will continue to push the government to strengthen the Bill and ensure nursing staff's voice is at the heart of this agenda.'

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