Following its recent inquiry into sexual harassment in the
workplace, which recommended that the Government should clean up
the use of NDAs in sexual harassment cases, the Committee today
launches a new inquiry to look at the wider use of NDAs in cases
where any form of harassment or other discrimination is alleged.
This might include, for example, pregnancy or maternity
discrimination or racist abuse.
Women and Equalities Committee Chair said:
“Use of NDAs in sexual harassment cases is only part of the
picture. This new inquiry will focus on their wider use in other
cases involving other forms of harassment or discrimination.”
The Committee is inviting written submissions to the
inquiry by Wednesday 28 November. Questions which the
inquiry will focus on include:
- Are there particular types of harassment or discrimination
for which NDAs are more likely to be used?
- Should the use of NDAs be banned or restricted in harassment
and discrimination cases? What impact would this have on the way
cases are handled?
- What safeguards are needed to prevent misuse?
- What is the role of internal grievance procedures? What
obligations are there on employers to ensure these are fair and
thorough?
- How easy is it for employees and employers to access good
quality legal advice on NDAs? How can quality and independence of
legal advice for employees negotiating severance agreements be
assured when advice is paid for by the employer?
- Do some employers use NDAs repeatedly to deal with cases
involving a single harasser? If so, is appropriate action being
taken to deal with the behaviour?
- What should the role of boards and directors be? And should
employers be obliged to disclose numbers and types of NDAs?
