Employment Rights Bill: A Step Forward Against NDAs, But Gaps Remain

Read Time 1 mins | Tuesday 22 July, 16:44

UWU welcomes the amendment to the Employment Rights Bill that seeks to ban the use of non-disclosure agreements (NDA). We have campaigned for a ban on NDAs in relation to all forms of discrimination and harassment and we support the Can't Buy My Silence UK campaign. In particular, our women’s network, Sisters to the Front, has been working with members to develop bargaining resources to eliminate sexual violence in the trade union movement. This includes a demand for trade unions to stop abusing NDAs to sweep sexual violence under the carpet.

Banning the misuse of NDAs to silence victims of discrimination and harassment and cover the often woeful response from employers is a significant shift towards transparency accountability. This is essential if we are to stop the discrimination and harassment too many of our workers face every day at work. We commend this important step towards providing safe and truly liberated workplaces.

However, we are disappointed that the amendment does not currently protect disabled workers who speak out about not receiving reasonable adjustments. Where employers unreasonably refuse reasonable adjustments, disabled workers are placed at significant disadvantage. This considerable omission seems to fly in the face of the Government’s desire for more disabled people to be in work. They can only do so if they are properly protected by the law in the same way that all other workers will be by this Bill.

It is vital that the Bill is clear that no victim should ever be forced into silence and employers should never be able to hide their lack of action to prevent or address discrimination and harassment. It must also strike the right balance to ensure that where victims need and choose to protect themselves with privacy, that they are able to do so.

UWU calls on our trade unions to do the right thing and stop the misuse of NDAs immediately in all cases of discrimination and harassment.