When you see the term ‘NDAs’ in the title of this article, many readers will likely conjure up Hollywood scandals or corporate boardroom dramas.
But the reality is far more disturbing, and much closer to home. It is vital that we dispel the many misconceptions about this legal tool and lay bare how it has been exploited to cover up abuse and wrongdoing on an epic scale.
The reality is that in today’s world NDAs have become a shorthand for secrecy and silencing. Originally designed with a practical objective of protecting intellectual property, they are now routinely used to shut down allegations of harassment, abuse and discrimination — often against those with no means of challenging them.
These victims are left to suffer in silence, failed by the very legal system that should protect them. The extent of the usage is truly shocking, with some lawyers estimating that they are included in over 90% of such settlements, covering cases involving sexual assault, harassment, racial discrimination, disability and pregnancy discrimination, LGBTQ+ discrimination, bullying, and other workplace misconduct.
We cannot continue to pretend that NDAs are harmless legal instruments — they have become central to the suppression of abuse and mistreatment.
Since I spoke in parliament last month, I have been utterly inundated with stories from people trapped by NDAs. These are not powerful executives or celebrities, but people often with little job security and even less access to justice. I have been honoured that so many have trusted me to hear their stories in full, despite the real risks they face from exposure.
In one truly harrowing case, I spoke with an incredibly brave woman who explained that after being raped by a colleague, she couldn’t even speak to medical professionals, because of a confidentiality clause she signed. Leaving her unable to properly recover from her trauma or even speak out to stop others suffering the same fate.
These aren’t isolated cases, it is systemic. A recent survey by the campaign group Can’t Buy My Silence found that in the hospitality sector, 100% of confidentiality clauses are being routinely drafted too broadly. That’s not about protecting trade secrets — that’s about silencing people.
Some of these clauses may not stand up legally or be enforceable by the courts — but that’s not the point. The chilling effect, the fear, the isolation, the sense that speaking out might ruin your life — that’s the real impact.
By their very nature they gag those who often need to speak up the most, disguising their prevalence and ubiquity. This issue is perfectly demonstrated by the woman who told me about the mental health charity she works for, which has discriminated on disability grounds against at least 4 people in the last year that she is personally aware of. Three of them have signed an NDA, she is bravely pursuing them through the courts because she believes it is the only way to get justice.
And if we can’t call out our own, we have no business in speaking truth to power so we must acknowledge that within our own labour movement, trade unions have been accused of using confidentiality clauses in settlements, which have the same chilling effect as NDAs. If our most progressive and socially conscious organisations are regularly exploiting this practice, then we must accept that it is a serious problem in every type of workplace in this country and we have to conclude that employers simply cannot be trusted with this tool at their disposal.
And here’s the reality: as so often is the case, it’s low-paid, insecure workers — those with the least power — who are most affected. People who can’t afford the costly, time-consuming battle of taking an employer to court. Workers simply trying to do their jobs, only to be met with enforced secrecy when something goes wrong.
But what should we do to tackle them? Well, we certainly don’t need any more consultations. The women and equalities select committee, the Treasury select committee, and BEIS (now DBT) have all investigated this issue and concluded that reform is needed. Multiple jurisdictions, including Ireland, Canada, and over half of US states, have already legislated.
We need urgent action to end this cycle of abuse. That’s why I tabled an amendment to the Employment Rights Bill to ban NDAs in cases of abuse, harassment, and discrimination. And I was proud to receive cross-party support from 66 MPs. This is not a partisan issue, but one I hope the whole House will agree needs to be addressed.
We simply cannot wait any longer, the time for consultations has long passed. The longer we fail to address this, the more people we are condemning to suffer in silence. The government says it’s open to options. My question is: what more evidence do we need?
We have a chance now to lead, to bring an end to legalised abuse in the workplace, and to put the rights of victims above the reputation management of institutions. It is my hope that soon I won’t have to read yet another case of abuse gone unspoken due to the ubiquity of NDAs.
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Source: Politics
