NDAs: Sexual Assault, Harassment and Misconduct

Business and Trade – in the House of Commons on 18 May 2023.

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Photo of Layla Moran Layla Moran Liberal Democrat Spokesperson (International Development), Liberal Democrat Spokesperson (Foreign and Commonwealth Affairs)

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.

Photo of Kemi Badenoch Kemi Badenoch Minister of State (Housing, Communities and Local Government), Minister of State (Foreign, Commonwealth and Development Office), Minister for Women and Equalities, Secretary of State for Business and Trade, President of the Board of Trade, Minister for Women and Equalities

Non-disclosure agreements can be used legitimately by employers—for example, to protect commercially sensitive information. The Government understand concerns about the use of NDAs to silence victims of sexual misconduct. We have legislated to prevent higher education providers using NDAs in cases of sexual abuse, harassment or misconduct and other forms of bullying or harassment.

Photo of Layla Moran Layla Moran Liberal Democrat Spokesperson (International Development), Liberal Democrat Spokesperson (Foreign and Commonwealth Affairs)

Imagine, Mr Speaker, that you are a victim of bullying, misconduct or sexual harassment at work, and your employer pushes you to sign a gagging clause preventing you from publicly disclosing what happened to you; this sits over you in perpetuity, reminding you of the trauma you experienced. The campaign group Can’t Buy My Silence will soon be launching a business pledge to commit to ending this practice in businesses for good. Will the Secretary of State consider meeting me to discuss this forthcoming pledge, and does she back a ban on the use of NDAs in these specific cases?

Photo of Kemi Badenoch Kemi Badenoch Minister of State (Housing, Communities and Local Government), Minister of State (Foreign, Commonwealth and Development Office), Minister for Women and Equalities, Secretary of State for Business and Trade, President of the Board of Trade, Minister for Women and Equalities

I am aware that the hon. Member had a private Member’s Bill on this very issue. The Government are supportive of preventing harassment in the workplace, and we supported the Worker Protection (Amendment of Equality Act 2010) Bill. We believe that NDAs have a place, but she has raised specific circumstances where they are inappropriate, so I am happy to discuss with her what we can do to stop this problem from continuing.