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Non-disclosure Agreements
02 April 2025
Lead MP
Louise Haigh
Sheffield Heeley
Lab
Responding Minister
Justin Madders
Tags
Crime & Law EnforcementNHSEconomyEmployment
Word Count: 13019
Other Contributors: 16
At a Glance
Louise Haigh raised concerns about non-disclosure agreements in Westminster Hall. A government minister responded.
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.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
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.
Dave Robertson
Lab
Lichfield
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.
Greg Smith
Con
Mid Buckinghamshire
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.
Gregory Campbell
DUP
East Londonderry
Questions the use of public money by public sector employers like the BBC to silence victims with NDAs.
Jim Shannon
DUP
Strangford
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.
Eastbourne
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.
Justin Madders
Lab
Crewe and Nantwich
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.
Louise Haigh
Lab
Batley and Spen
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.
Martin Wrigley
Lab
Newton Abbot
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.
Orkney and Shetland
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.
Russell
Con
Taunton Deane
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.
Conleton
Highlighted difficulties faced by low-income workers in accessing legal advice regarding NDAs, questioning if whistleblowing provisions can provide blanket solutions to issues raised.
Natalie Fleet
Lab
Bolsover
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.
Sarah Owen
Lab
Luton North
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.
Sarah Russell
Lab
Congleton
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.
Tonia Antoniazzi
Lab
Gower
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.
Zöe Franklin
LD
Guildford
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 Madders
The Parliamentary Under-Secretary of State for Business and Trade
Government Response
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.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.