Commons Sense

House of Commons · Ministers' Questions

NDAs: Sexual Assault, Harassment and Misconduct

Thursday 18 May 2023 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Non-disclosure agreements can be used legitimately by employers to protect sensitive information.
  • The Government understands concerns about the misuse of NDAs to silence victims of sexual misconduct.
  • The Secretary of State supports legislation against the use of NDAs in cases of sexual misconduct, bullying, or harassment.

Topics (select to filter)

Questions & Answers

Q1 Layla Moran Lib Dem Oxford West and Abingdon
Context

There are concerns that NDAs are being used to silence victims of sexual misconduct, abuse, and harassment. The government has legislated against the use of NDAs by higher education providers but not addressed broader business practices.

Question

If she will make an assessment of the implications for her policies of trends in the level of use of non-disclosure agreements by businesses in cases relating to sexual assault, harassment and misconduct. Imagine being a victim of workplace bullying or harassment pressured into signing a gagging clause preventing public disclosure of what happened; this practice is perpetuated through the Can't Buy My Silence campaign's upcoming business pledge against NDAs for specific cases.

Answer from Kemi Badenoch

Non-disclosure agreements can be used legitimately by employers to protect commercially sensitive information. The Government understands concerns about their misuse to silence victims of sexual misconduct. We have legislated against higher education providers using NDAs in such cases, and we support preventing harassment in the workplace. I am aware of the hon. Member's private Member's Bill on this issue, which was supported by our government. She has raised specific circumstances where NDAs are inappropriate, so I am happy to discuss with her what can be done to stop this problem.

Partly answered

Not addressed: Meeting request and specific ban commitment not addressed directly

How: Supported The Private Member'S Bill, Happy To Discuss Further

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Q2 Layla Moran Lib Dem Oxford West and Abingdon
Context

There are concerns that NDAs are being used to silence victims of sexual misconduct, abuse, and harassment. The government has legislated against the use of NDAs by higher education providers but not addressed broader business practices.

Question

Imagine being a victim of workplace bullying or misconduct pressured into signing a gagging clause preventing public disclosure; this practice is perpetuated through the Can't Buy My Silence campaign's upcoming business pledge against NDAs for specific cases. Will the Secretary of State consider meeting me to discuss this pledge, and does she support a ban on NDAs in these cases?

Answer from Kemi Badenoch

Non-disclosure agreements can be used legitimately by employers but are inappropriate in cases of sexual misconduct, bullying or harassment. We have legislated against their use by higher education providers and supported the hon. Member's private Bill to prevent workplace harassment. I am aware of her upcoming business pledge against NDAs for specific cases; while we support preventing harassment, the specifics of a ban on NDAs are not directly addressed.

Partly answered

Not addressed: Specific meeting request and full commitment to ban avoided

How: Supported Private Member'S Bill, Preventing Harassment

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