Women & Equalities Committee Inquiry: The use of Non-Disclosure Agreements in discrimination cases

Posted on November 26, 2018
Archive : November 2018
Category : News

The Women and Equalities Committee is seeking views on the wider use of Non-Disclosure Agreements (NDA) in cases where any form of harassment or other discrimination is alleged.

Responses must be made by 28 November 2018.

The Committee is inviting written submissions to the inquiry. 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?

 For more information on the consultation click here:

The Women and Equalities Committee

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