Legal experts today expressed scepticism of the government’s ban of non-disclosure agreements in the workplace. The amendment of the Employment Rights Bill is being introduced to prevent the misuse of NDAs in cases of harassment and discrimination.
However employment specialists said the ban could have adverse consequences.
Nikola Southern, employment partner at Kingsley Napley, said: ‘These changes mean that while poor treatment can be exposed, victims will have less control over what information about them and their experience makes it into the public domain. Victims might therefore feel less inclined to raise complaints of harassment and discrimination as a result.’
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Karen Jackson, founder-director of specialist and leading employment & discrimination law firm didlaw, said: ‘Banning such clauses is potentially extremely damaging for victims who desire the reassurance and security that their case cannot be talked about by their employer. It also reduces the negotiating power of the victim, if they cannot offer confidentiality in return for a settlement.’
Bethan Jones, employment law partner at law firm Spencer West LLP, argued: ‘Employees have always had the option to go to a tribunal and share their case publicly if they want to and many genuine victims of harassment would rather choose to preserve their anonymity. This change will remove that choice.’
However, campaigners today welcomed the announcement. Layla Moran, Liberal Democrat MP for Oxford West and Abingdon, said: ‘I’m delighted that after years of tireless campaigning we can finally celebrate changing the law. This would not have been possible without the brave students and victims who have shared their heartbreaking stories with me over the years. Today is proof that speaking out can lead to real change.’
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