Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Sexual harassmentBullying and harassmentLatest NewsNon-disclosure agreements

MP seeks ban on NDA use in sexual harassment cases

by Ashleigh Webber 14 Sep 2021
by Ashleigh Webber 14 Sep 2021 Conservative MP Maria Miller
Jenny Matthews / Alamy
Conservative MP Maria Miller
Jenny Matthews / Alamy

An MP has presented a private members’ bill that calls for the use of non-disclosure agreements in sexual harassment cases to be outlawed.

Introducing the bill under parliament’s 10-minute rule today, Maria Miller – the former chair of the women and equalities committee which investigated sexual harassment at work – said such a law would stop organisations from “silencing victims” of harassment.

The Conservative MP said: “In 2017 the Me Too movement revealed the scale of sexual harassment and abuse in the workplace.

“When used unethically, NDAs are catastrophically damaging to innocent parties, and immoral because they are being used as safety nets for employers to routinely cover up abuses without consequence. The evidence also shows it takes a huge personal toll on victims, leaving them emotionally and psychologically drained, disillusioned, and left with a total loss of faith in the legal system.

“This is an injustice twice over, which is why I have introduced a bill in parliament today protecting victims from malicious NDAs that cover up illegal abuse, discrimination and other wrongdoings against employees.

NDAs and sexual harassment

Non-disclosure agreements: the role they play in resolving disputes

Sexual harassment in a pandemic: why staff are more vulnerable

“I believe that legislating to limit NDAs in this way will prevent organisations acting unlawfully in the first place, compelling them to deal with discrimination and other abuses more ethically, rather than impose silence on innocent victims who have been wronged.”

Employment lawyers indicated that there was strong evidence in favour of regulating the use of NDAs, but organisations should still be allowed to use them to protect their commercial interests.

“If used sensibly and ethically, non-disclosure agreements can make commercial sense, working to the mutual benefit of employees and employers, and allowing both parties to voluntarily effect a clean break,” said Keely Rushmore, a partner at Keystone Law.

“However, as demonstrated by NDAs in connection with settlement of allegations against high-profile figures, the concern is that sometimes the NDA is not as ‘voluntary’ as it might appear.  There can be a significant imbalance of power between the parties, and an individual can be under an enormous amount of pressure (both emotional and financial) to agree to draconian terms presented to them.”

Rushmore said some progress had been made since the #MeToo movement drew attention to the inappropriate use of NDAs. The Solicitors Regulation Authority has warned that inappropriate use of NDAs can put a solicitor in breach of its principles and code of conduct and therefore at risk of disciplinary action, while The Equality and Human Rights Commission, the Law Society and Acas have issued similar guidance.

Louise Mason, senior lawyer at Linklaters, noted that the government had in 2019 committed to introducing legislation curbing the use of NDAs, but this appeared to have been delayed because of Brexit and the Covid-19 pandemic.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“Maria Miller’s Private Members’ Bill on restricting the use of NDAs highlights the extent to which employment law has stalled over the last few years. Her bill is just one of many employment related PMBs on urgent employment law issues which have been denied air time due to the public health crisis. Worker status, parental rights and flexible working are all long overdue for reform,” she said.

Latest HR job opportunities on Personnel Today


Browse more human resources jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Staff shortages no excuse for health and safety issues
next post
Labour shortage biggest concern for 88% of recruiters

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Ministers urged to outlaw misuse of NDAs

7 May 2025

BBC to ‘act immediately’ on workplace culture review

28 Apr 2025

Eight new equality laws in the pipeline

10 Apr 2025

Philip Green loses human rights case at ECHR

8 Apr 2025

Darlington nurses’ changing room case delayed to October

3 Apr 2025

Woman asked ‘why do you want to work’...

3 Apr 2025

Former minister calls for end to ‘two-tier’ use...

2 Apr 2025

Primark boss resigns after ‘error of judgment’

31 Mar 2025

Sullivan Review shows how ‘sex’ has been purged...

20 Mar 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+