The Women and Equalities Committee has published a report following its inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases, although it does not call for NDAs to be banned entirely.
The report makes the following recommendations to the government:
• stop the use of NDAs to cover up allegations of unlawful discrimination, while still protecting the rights of victims to be able to make the choice to move on with their lives
• require standard, plain English confidentiality, non-derogatory and similar clauses which are suitably specific about what information can and cannot be shared and with whom
• strengthen corporate governance requirements to require employers to meet their responsibilities to protect those they employ from discrimination and harassment, and
• require named senior managers at board level or similar to oversee anti-discrimination and harassment policies and procedures and the use of NDAs in discrimination and harassment cases.
The government is being urged to improve the remedies that can be awarded by employment tribunals as well as the costs regime to reduce disincentives to taking a case forward.