UNITED KINGDOM
LEGISLATION REFORMS IN PLACE
In February 2023 English Parliament voted through an amendment to the Higher Education (Freedom of Speech) Bill, which requires Universities and their constituent colleges that are registered to receive public funding to stop using non-disclosure agreements to cover up sexual misconduct, harassment and bullying. The Bill passed all stages and received Royal assent in May 2023 making it the first law of its kind in England. Labour made some changes to the Act at the beginning of 2024 but has now reinstated the Bill with the NDA amendment holding fast.
This ammendment came about as in 2022 Can’t Buy My Silence created a voluntary pledge for universities to stop misusing NDAs. This was partnered and endorsed by then Education Minister Michelle Donelan and the Department for Education. 67% of key institutions signed up and within 18 months this changed the landscape and passed into legislative reform. We are now continuing this mentality with our Business Pledge which seeks to broaden these protections to the rest of the economic workforce. We are calling on leading UK businesses to be at the forefront of this change with the goal of pushing the department of Business and Trade to reform the 1998 Employment Equality Act.
In May 2024 an amendment to The Victims and Prisoners Bill 2024 received Royal Assent and became an Act of Parliament clarifying that any confidentiality agreement is void if it precludes a victim from speaking to law enforcement; legal; regulatory or therapeutic advice services or family when it is related to criminal conduct. Although this does not solve the problem of NDAs it does give those who have signed them the ability to speak up to appropriate governing bodies and importantly to their families.
This amendment came about through the collaboration of CBMS with Dame Maria Miller (Con) and Lalya Moran (Lib Dem) who both tabled amendments to broaden the definition of a victim with regard to gagging orders.
LEGISLATION IN PROCESS
March 2025 the Employment Rights Bill amendment paper (page 46) at report stage in the House of Commons. Louise Haigh and Layla Morans amendment NC74 debated in parliament with full cross party support including 66 MP signatories. Watch here
March 27th 2025 – Second Reading of the Employment Rights Bill in the House of Lords
The Employment Rights Bill had its Second Reading in the Lords, with strong cross-party support for legislative action on the misuse of NDAs. Multiple Peers spoke to the need for reform, which led to the tabling of three key amendments aimed at restricting the misuse of NDAs. The leading amendment was introduced by Baroness Helena Kennedy, and co-sponsored by Baroness Frances O’Grady, Baroness Helena Morrissey, and Baroness Susan Kramer.