Committees

Government Response on non-disclosure agreements published

29 October 2019

The Women and Equalities Committee  publishes the Government Response to its report on the use of non-disclosure agreements in discrimination cases inquiry.

The response states that:

  • The Government agrees that the use of NDAs to cover up unlawful discrimination and harassment complaints is unacceptable. In response to its own consultation the Government committed to introducing reforms that would prevent employers from mis-using NDAs.
  • The Government shares concerns that the repeated inappropriate use of NDAs within an organisation may prevent it from recognising, and therefore addressing, significant underlying problems.
  • The Government agrees that online publication of tribunal judgments should not lead to blacklisting by future employers and must not be a barrier to potential claimants bringing discrimination claims.
  • The Government has also agreed to consult on the recommendation that employers should be required to provide, as a minimum, a basic reference for any former employee. No timetable is provided for this consultation.

Chair's comments

Chair of the Women and Equalities Committee, Maria Miller MP, said:

“We are pleased to see that the Government agrees that it is unacceptable for NDAs to be used to cover-up cases of sexual harassment and discrimination in the workplace and has held its own consultations on the issue.

“While we appreciate that this is a legally-complex issue the Government is taking seriously, we are also aware of the emotional, psychological and financial the use of NDA's can have on individual employees and their ability to work. It is now two years on since such use of NDAs was brought to the public's attention and over a year since we reported on sexual harassment in the workplace.“There is an urgent need for the Government to now act on our report and their own consultations on employment tribunal time limits, sexual harassment in the workplace and the new single labour market enforcement body to improve the protections for people who suffer discrimination or harassment at work.

“We eagerly await the Government's own findings and encourage them to tackle the current cover-up culture as a matter of urgency.”

Further information

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