House of Commons · Westminster Hall
02 April 2025 · 16 other contributors · 13,019 words
Opened by Louise Haigh Lab Sheffield Heeley
Responding minister: Justin Madders
Summarised by AI from the official record, so it can contain mistakes.
Louise Haigh raised concerns about non-disclosure agreements in Westminster Hall. A government minister responded.
Key points
Key requests to Government
The Government should ban the use of NDAs in these cases unless at the specific request of the victim. This is a serious problem in every type of workplace in this country and employers simply cannot be trusted with this tool.
MPs spoke in turn to share their views and ask questions. Here's what each person said.
Opened the debate
Last month I tabled an amendment to the Employment Rights Bill that would end the misuse of NDAs in cases of harassment, discrimination and abuse. A recent survey found that 100% of NDAs in the hospitality sector are written too broadly. This issue affects low-income workers, disabled people, and people of colour. Since the debate last month, I have received numerous details of such cases involving sexual assault, blacklisting, and mental health discrimination.
Non-disclosure agreements enabled predators like Mohammed al-Fayed to sexually assault and harass hundreds of female employees over decades. Settlement agreements should not include NDAs by default, preventing issues from being aired.
He congratulated the right hon. Member on securing the debate and highlighted the importance of addressing real grievances through primary legislation. The Employment Rights Bill has provisions that risk unintended consequences in hospitality settings. The hon. Member asks for provisions to tackle NDAs silencing victims.
Questions the use of public money by public sector employers like the BBC to silence victims with NDAs.
Mr Shannon praised Mrs Russell for her knowledge and experience, highlighting Minister Gordon Lyons' efforts in Northern Ireland to discourage the use of NDAs in higher education institutions.
He discussed the misuse of NDAs to silence victims, particularly women, in various sectors and highlighted a specific case involving a new mum who faced mistreatment after returning from maternity leave.
Discussed the complexity of protected disclosures and highlighted issues faced by low-income workers in accessing legal advice regarding NDAs. Mentioned that whistleblowing provisions in the Employment Rights Bill need to be reconsidered. Expressed willingness to meet Members to discuss the Employment Rights Bill, highlighting the need for consideration of different sectors and protected characteristics.
Discussed recent reports on misogyny in music and sexism in finance highlighting misuse of NDAs. Highlighted the support for Creative Industries Independent Standards Authority by Culture Secretary.
NDAs prevent NHS nurses from speaking about their employment termination due to medical conditions, causing ongoing issues for the victims. It is unknown how many people in constituencies face similar restrictions. Asked the Minister to support his better business Bill, which aims to balance the responsibilities of company directors with the interests of shareholders, employees and the environment.
NDAs are one tool of oppression used by employers, but the inability to access justice through the courts is a wider disease that needs addressing. NDAs prevent people from getting proper recognition of their case.
There is a defence where an employer can take all reasonable steps to prevent harassment, successfully defending claims on that basis in the Employment Appeal Tribunal.
Highlighted difficulties faced by low-income workers in accessing legal advice regarding NDAs, questioning if whistleblowing provisions can provide blanket solutions to issues raised.
The issue affects five times as many women as men, so addressing it is essential to tackling violence against women and girls. The victims are overwhelmingly low-income workers.
Discussed the abuse and discrimination that NDAs protect, particularly affecting women. Mentioned that around 435,000 pregnant women and mothers have signed NDAs, with 80% feeling compelled to leave or cut their hours.
A solicitor specialising in employment law highlights difficulties with settlement agreements containing NDAs and the role of HR consultants who may not be regulated by SRA.
Ms Antoniazzi supported Mrs Russell's arguments, citing instances in the Welsh Rugby Union where NDAs were used to silence victims and perpetuate a culture of fear.
Focuses on NDAs in creative industries, highlighting their misuse and impact. Asks for funding for CIISA to continue its work and a ban on abusive NDAs.
Government Response
Justin MaddersThe Parliamentary Under-Secretary of State for Business and Trade
NDAs should never be used to silence victims of workplace misconduct. The Government recognises legitimate uses but aims to protect workers from misuse. Legal limits prevent NDAs stopping whistleblowing, and disciplinary action may follow inappropriate clauses. Guidance from the Equality and Human Rights Commission and ACAS is published. Discussed plans to commence provisions relevant to NDAs in the Victims and Prisoners Act 2024 and the Higher Education (Freedom of Speech) Act 2023. Stated that section 17 of the Victims and Prisoners Act will ensure clauses in NDAs seeking to prevent victims from reporting crimes or accessing confidential advice are unenforceable.