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The UK government is taking steps to rein in employers’ use of “gagging clauses” to cover up workplace harassment, in a set of changes championed by the whistleblower at the heart of the Harvey Weinstein scandal.
Government-backed amendments to the employment rights bill would make non-disclosure agreements null and void when they were used by employers against employees who had been subjected to harassment, including sexual harassment and discrimination, the government said.
The provisions would also allow people who witness harassment to “call it out” without the threat of being sued, the government said, as it announced the changes on Monday.
The amendments will not affect the wider use of NDAs, for example to prevent workers disclosing commercially sensitive information.
Justin Madders, employment minister, said the changes would “give millions of workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden”.
“This change has been a very long time coming,” said Zelda Perkins, the former UK assistant to the film producer Weinstein, who adhered to the conditions of an NDA for 20 years before speaking out in 2017.
“Confidentiality clauses have been used to cover up harassment and discrimination for decades. Finally, the government is acknowledging the harm they cause, not just to individuals but to entire workplaces,” she added.
The term NDA can refer to any agreement containing confidentiality or non-disparagement clauses, including those used to protect intellectual property, but they are often used when employers settle claims brought by employees.
In the wake of the Weinstein scandal, the previous Conservative-led administration issued new guidance on the use of NDAs to make it clear they could not be used to prevent workers reporting criminal offences.
But it held back from banning the clauses and campaigners say the lack of legal clarity mean they still had a chilling effect on victims.
A survey conducted by the CIPD employers’ group in 2024 found they remained widespread, with more than a fifth of organisations saying they used NDAs when dealing with allegations of sexual harassment.
The media company ITN is among those whose use of NDAs has come under scrutiny following allegations that it used legal contracts to cover up gender pay discrimination, harassment and bullying.
Louise Haigh, a Labour MP who has campaigned for a ban on NDAs, said the amendments, which will cover both employees and the self-employed, would make it “crystal clear” that people were free to speak up and would force organisations “to face up to wrongdoing”.
It would still be possible for employees to request an NDA if it helped them reach a negotiated settlement with their employer, she added.
The employment rights bill, introduced by the Labour government, is a sweeping set of changes to bolster workers’ and unions’ rights.
The legislation also included measures to strengthen protection for whistleblowing and encourage workers to speak up about sexual harassment through whistleblowing routes, the government said.
Additional reporting by Antonia Cundy
