Latest news with #CantBuyMySilence
Telegraph
2 days ago
- Politics
- Telegraph
Banning NDAs isn't necessarily a slam dunk
Sometimes we see a case which is obviously unjust and naturally want to make it right. It is an admirable instinct in the individual, but for governments it is vital to take any case in context and consider the consequences before applying the sledgehammer of statute. The Employment Rights Bill which the deputy prime minister, Angela Rayner, is currently shepherding through Parliament will have its Report Stage in the House of Lords next week. It is a huge collection of measures – currently 157 clauses and 12 schedules – which is broad in scope, from sick pay to seafarers' wages. Ministers, though, have now proposed a new clause to ban the use of non-disclosure agreements (NDAs) or confidentiality clauses in cases of harassment and discrimination, and to void any existing agreements. On the face of it, this will take away a weapon used by abusive employers to intimidate and silence their victims. It has been championed by Zelda Perkins, founder of campaign group Can't Buy My Silence UK, who was an assistant to Hollywood producer and serial sex offender Harvey Weinstein. Her decision in 2017 to break an NDA and speak out about the abuse she had suffered from Weinstein helped expose his sustained record of rape and abuse. Clearly Weinstein had misused a condition of non-disclosure to prevent Perkins from revealing her ordeal. Equally, there is no doubt that NDAs and confidentiality clauses have been used in many cases, especially in the entertainment industry, to keep victims of abuse silent. The benign intent behind this change is beyond doubt. But legislation does not target individual cases or groups of cases: it puts into statute general principles which must apply to everyone equally. The problem of generalising from the specific, as the new clause effectively does, is that it assumes that the circumstances will always be the same. In this case, it proceeds from the assumption that an NDA or confidentiality clause is always an attempt to prevent a genuine victim of harassment or discrimination from speaking publicly about it. Even if we assume that the overwhelming majority of claims of this kind are genuine and clear-cut, it would be astonishing if every single one was absolutely true as alleged. We know human nature better than that. There may be cases in which either a malicious accusation is brought, or in which the circumstances are complex and ambivalent. In such cases employers may agree to a financial settlement simply to bring the case to an end. Some campaign groups, like Maternity Action and the National Alliance of Women's Organisations, have argued that financial settlements which include an NDA are sometimes a practical and achievable way for those who have suffered to extract some kind of monetary benefit and move on. Employers will hardly be likely to offer any kind of settlement to bring a dispute to an end if the option of genuine closure is taken away, and if there is a danger of it continuing to be litigated in the court of public opinion. Katie Waissel, a former reality television star who now campaigns against the use of NDAs, summed up the problem, but her words hint at the other issues. 'I understand non-disclosure agreements in terms of protecting trade, like a formula for haircare or something else like that. But for the music industry, and it being so one-sided for this company, it begs me to ask the question – why so secretive? What are you trying to hide? What are you trying to cover up?' The questions are valid, but there may sometimes be equally valid answers other than abusive employers imposing silence. The mere existence of the questions should not inevitably lead to legislative change. There is unquestionably a problem with NDAs being misused (although section 17 of the Victims and Prisoners Act 2024 makes them unenforceable if they prevent the reporting of crime). A ban on their use is straightforward and eye-catching, but legislation is a blunt instrument and should be a last resort; legislators should instead consider whether reform and regulation is a preferable option.
The Sun
2 days ago
- Business
- The Sun
Victims of abuse in workplace will no longer be kept quiet by confidentiality agreements
BOSSES who try to silence workers subjected to sexual harassment or discrimination will have confidentiality agreements ripped up under new plans. Victims will no longer be kept quiet as employers will find that Non-Disclosure Agreements are made null and void. The move will mean that witnesses will be able to speak out publicly and support victims without the threat of being sued themselves. Deputy Prime Minister Angela Rayner said: 'We have heard the calls from victims of harassment and discrimination to end the misuse of NDAs. 'It is time we stamped this practice out – and this government is taking action to make that happen.' The confidentiality agreements have been used to restrict what signatories can say or who they can tell about such abuse. The changes are set to be introduced to the employment rights package which is currently going through Parliament. Ex-Cabinet Minister Louise Haigh MP said: "The Government's decision to ban NDAs in cases of harassment and discrimination is an incredible victory for victims and campaigners. "Victims of harassment and discrimination have been forced to suffer in silence for too long. "This legislation is the result of years of tireless campaigning by victims and advocates. "This victory belongs to them. Organisations like Can't Buy My Silence, led by the indefatigable Zelda Perkins, have exposed the harm caused by this toxic practice. She said it "will mean that bad employers can no longer hide behind legal practices that cover up their wrongdoing and prevent victims from getting justice". Zelda Perkins, who spearheads the Can't Buy My Silence campaign, was a former PA to disgraced Harvey Weinstein. She said: 'This is a huge milestone, for years, we've heard empty promises from governments whilst victims have continued to be silenced, to see this Government accept the need for nationwide legal change shows that they have listened and understood the abuse of power taking place. 'Above all though, this victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn't. Without their courage, none of this would be happening. 'This is not over yet and we will continue to focus closely on this to ensure the regulations are watertight and no one can be forced into silence again. 'If what is promised at this stage becomes reality, then the UK will be leading the world in protecting not only workers but the integrity of the law.'
The Independent
2 days ago
- Business
- The Independent
Angela Rayner to ban businesses from using NDAs to cover up harassment and discrimination
UK businesses will be barred from using non-disclosure agreements (NDAs) to silence victims of harassment and discrimination as a part of the government's bid to boost workers' rights. Angela Rayne r has proposed an amendment to the Employment Rights Bill which would void and prohibit such agreements against employees in such situations to prevent people from having to 'suffer in silence'. The deputy prime minister said the government had 'heard the calls from victims of harassment and discrimination', as she announced the move following repeated calls from campaigners and Labour politicians. Zelda Perkins, Weinstein's former assistant and founder of the campaign group Can't Buy My Silence UK, said the move was 'a huge milestone'. She said: 'For years, we've heard empty promises from governments whilst victims have continued to be silenced, to see this Government accept the need for nationwide legal change shows that they have listened and understood the abuse of power taking place. 'Above all though, this victory belongs to people who broke their NDAs, who risked everything to speak the truth when they were told they couldn't. Without their courage, none of this would be happening.' And, last month, the Commons Women and Equalities Committee called on the Government to ban NDAs to tackle misogyny in the music industry. The change comes after several high-profile cases of NDAs being used to silence victims of sexual harassment or bullying. In the case of former Hollywood producer Harvey Weinstein, victims were forced to breach such agreements to come forward. Zelda Perkins, Weinstein's former assistant and founder of the campaign group Can't Buy My Silence UK, said the move was 'a huge milestone'. She said: 'For years, we've heard empty promises from governments whilst victims have continued to be silenced, to see this Government accept the need for nationwide legal change shows that they have listened and understood the abuse of power taking place. 'Above all though, this victory belongs to people who broke their NDAs, who risked everything to speak the truth when they were told they couldn't. Without their courage, none of this would be happening.' Ms Haigh, who has raised the issue several times in Parliament, said the decision was 'an incredible victory for victims and campaigners' after years of 'tireless campaigning'. She said: 'This victory belongs to them. Organisations like Can't Buy My Silence, led by the indefatigable Zelda Perkins, have exposed the harm caused by this toxic practice. 'Today's announcement will mean that bad employers can no longer hide behind legal practices that cover up their wrongdoing and prevent victims from getting justice.' Ministers had previously indicated they were considering a ban on NDAs in cases of harassment and discrimination, while employment minister Justin Madders also called for a 'cultural shift in employers' earlier this year. Announcing the amendments, Mr Madders said: 'The misuse of NDAs to silence victims of harassment or discrimination is an appalling practice that this Government has been determined to end. 'These amendments will give millions of workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden, allowing them to get on with building a prosperous and successful career.' Peers will debate the amendments when the Employment Rights Bill returns to the Lords on July 14 and, if passed, will need to be approved by MPs as well.
Yahoo
3 days ago
- Politics
- Yahoo
Government to ban 'appalling' non-disclosure agreements that 'silence' victims of abuse at work
Victims of bullying and abuse at work will no longer have to "suffer in silence", the government has said, as it pledges to ban controversial non-disclosure agreements (NDAs). Accusers of Harvey Weinstein, the former film producer and now convicted sex offender, are among many in recent years who had to breach such agreements in order to speak out about what they had endured. As Labour seeks to boost workers' protections, its ministers have suggested an extra section in the forthcoming Employment Rights Bill that would void NDAs designed to stop employees from going public about harassment or discrimination. The government said this would allow victims to come forward about their situation rather than remain "stuck in unwanted situations, through fear or desperation". Zelda Perkins, Weinstein's former assistant and founder of Can't Buy My Silence UK, said the changes would mark a "huge milestone" in combatting the "abuse of power". She added: "This victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn't. Without their courage, none of this would be happening." Deputy prime minister Angela Rayner said the government had "heard the calls from victims of harassment and discrimination" and was taking action to prevent people from having to "suffer in silence". An NDA is a broad term that describes any agreement that restricts what a signatory can say about something, originally intended to protect commercially sensitive information. But "many high profile cases" have revealed NDAs being manipulated to prevent people "speaking out about horrific experiences in the workplace", the government said. The updated bill, if passed, would also mean witnesses can also publicly support without the threat of being sued. Announcing the amendments, employment minister Justin Madders said: "The misuse of NDAs to silence victims of harassment or discrimination is an appalling practice that this government has been determined to end." The bill is currently in the House of Lords, where it will be debated on 14 July, before going on to be discussed by MPs as well.
Sky News
3 days ago
- Politics
- Sky News
Government to ban 'appalling' non-disclosure agreements that 'silence' victims of abuse at work
Victims of bullying and abuse at work will no longer have to "suffer in silence", the government has said, as it pledges to ban controversial non-disclosure agreements (NDAs). Accusers of Harvey Weinstein, the former film producer and now convicted sex offender, are among many in recent years who had to breach such agreements in order to speak out about what they had endured. As Labour seeks to boost workers' protections, its ministers have suggested an extra section in the forthcoming Employment Rights Bill that would void NDAs designed to stop employees from going public about harassment or discrimination. The government said this would allow victims to come forward about their situation rather than remain "stuck in unwanted situations, through fear or desperation". Zelda Perkins, Weinstein's former assistant and founder of Can't Buy My Silence UK, said the changes would mark a "huge milestone" in combatting the "abuse of power". She added: "This victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn't. Without their courage, none of this would be happening." 3:51 Deputy prime minister Angela Rayner said the government had "heard the calls from victims of harassment and discrimination" and was taking action to prevent people from having to "suffer in silence". An NDA is a broad term that describes any agreement that restricts what a signatory can say about something, originally intended to protect commercially sensitive information. But "many high profile cases" have revealed NDAs being manipulated to prevent people "speaking out about horrific experiences in the workplace", the government said. The updated bill, if passed, would also mean witnesses can also publicly support without the threat of being sued. Announcing the amendments, employment minister Justin Madders said: "The misuse of NDAs to silence victims of harassment or discrimination is an appalling practice that this government has been determined to end." The bill is currently in the House of Lords, where it will be debated on 14 July, before going on to be discussed by MPs as well.
