Bosses face ban on non-disclosure deals that silence victims of abuse

Bosses in the UK will be banned from using non-disclosure agreements to silence employees who have suffered harassment and discrimination in the workplace if changes to the government's overhaul of workers' rights are approved.

- Pippa Crerar Jessica Elgot Anna Bawden

Ministers last night tabled the amendments to the employment rights bill to prohibit the widespread practice of using legally enforceable NDAs to conceal unacceptable behaviour at work.

If passed, the rules would mean any future confidentiality clauses in settlement agreements that sought to prevent a worker speaking about an allegation of harassment - including sexual harassment - or discrimination would be null and void.

They would also allow victims to speak freely about experiences, while any witnesses - including employers - would be able to call out poor conduct and publicly support victims without the threat of being sued.

The changes to the bill, due to return to the Lords next week, would not affect NDAs for legitimate commercial use, such as commercially sensitive information or intellectual property in business transactions.

But they would create one of the toughest protection regimes in the world, giving millions of workers, including those in low-paid jobs, more confidence that inappropriate behaviour would be dealt with.

After years of campaigning by activists, ministers have looked beyond high-profile cases linked to the #MeToo movement to address concerns about workers in regular employment who may not have the means or confidence to pursue their employers through the courts to challenge "gagging orders".

Announcing the change, Angela Rayner, the deputy prime minister, said: "Victims and witnesses of harassment and discrimination should never be silenced. As the Guardian has reported widely, this is not an issue confined to highprofile individuals or the most powerful organisations.