Policy Shifts

Ministers consider NDA law changes to curb harassment

By Rossa Wijayanti · · 3 min read
Ministers consider NDA law changes to curb harassment - nda law changes
The UK government is reviewing changes to non-disclosure agreements to prevent them from concealing harassment or discrimination.

UK ministers are examining ways to amend the law swiftly to prevent non-disclosure agreements from concealing harassment or discrimination. The push comes after recent allegations involving television personality David Walliams, who denies wrongdoing.

Expanding Legal Protections

Government officials say they are focusing on closing loopholes that allow employers to silence workers. Current Employment Rights Act rules bar NDAs from stopping employees from reporting harassment or discrimination. The plan involves extending these measures to cover freelancers and volunteers, who currently fall outside these protections.

One official noted the government is looking at ways to act without new legislation if possible. They confirmed extending protections beyond employees is a primary area of interest. The proposal would also allow victims of crime to speak to the media, rather than only to regulators or police.

The culture secretary, Lisa Nandy, plans to convene a roundtable next week with representatives from television, film, publishing, and sport. This sector relies heavily on contract and freelance staff, making the proposed changes particularly relevant to their operations.

Pressure from Campaigners

Activists have long demanded stronger safeguards against NDAs. Zelda Perkins, who broke an agreement with Harvey Weinstein, supports the government’s direction. She believes the recent high-profile cases have highlighted systemic issues.

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Perkins expressed confidence in the Department for Business, Innovation, Science and Trade (DBIST). She emphasized that extending protections over harassment and discrimination beyond employees is critical. She called for continued public pressure to ensure the government follows through on the issue.

Nandy addressed the House of Commons on Wednesday, agreeing with a Conservative MP that NDAs are central to the problem of enforced silence. She stated she is working closely with the Ministry of Justice and will raise the issue at the upcoming industry roundtable.

Separate legislative efforts are underway to address sexual offenses. A recent review by Louise Casey recommended that adults who have penetrative sex with a child under 16 be automatically charged with rape. This change aims to close loopholes where gang members faced less serious charges by claiming consent.

Officials indicated the law change was already in the pipeline. However, they noted increased pressure to move quickly in light of recent events. They confirmed they are reviewing the proposals but have not yet set a timeline for implementation.

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