Gagged NDA victims ‘free to tell all at Parliament inquiry’

VICTIMS forced to sign gagging clauses could be given a voice as Parliament today launches an inquiry into the use of non-disclosure agreements following the scandal surrounding Sir Philip Green.

The women and equalities committee has begun gathering evidence about the use of the controversial contracts amid concern that they are being used by bosses to silence people who have been sexually harassed, bullied, and subjected to racial discrimination.

It comes after Sir Philip took an injunction out against The Daily Telegraph preventing this newspaper printing allegations made against him by five former staff members.

The public outrage at the use of gagging clauses prompted employees who had been forced to sign NDAS by a number of companies across the UK to come forward. It is understood that alleged victims of discrimination have contacted members of the committee and will give evidence.

Legal experts last night said that disclosing information to the inquiry would not leave employees facing legal action for breaching the agreement, many of which came with substantial payouts, as the evidence was covered by parliamentary privilege.

Jess Phillips, a Labour member of the committee, said: “I have been contacted by lots of people with NDAS in sexual harassment cases who are very clearly hopeful that this inquiry will allow them the freedom to talk about things that have happened to them.”

The inquiry will look at the use of NDAS in cases where any forms of harassment or discrimination is alleged, including issues such as pregnancy or maternity discrimination or racist abuse. The committee previously held an inquiry into sexual harassment in the workplace, after which it recommended the Government clean up the use of NDAS in such cases. The Government is now a month late in responding to the recommendations.

Maria Miller, the inquiry’s Tory chairman, said that she was “disappointed” that the Government had repeatedly promised to take action but failed to deliver. “It has been almost a year since I raised this, and I raised it personally with the PM. The Government has to wake up to the fact that this is one of the issues that people are most concerned about,” Ms Miller said.

She said that whilst the committee could not investigate individual cases they “will be looking to people who have experienced the use of NDAS in relation to their employment”.

Ms Miller added: “We have taken very careful legal advice to make sure that in asking people to give evidence ... they wouldn’t unintentionally fall foul of the law. We believe that people can give evidence to the committee and that it would be entirely right for them to do so and it would be covered by Parliamentary privilege.”

Max Winthrop, the chairman of the Law Society’s employment law committee, said: “The evidence that you give to a select committee is covered by parliamentary privilege in the same way that the floor of the House of Commons is covered. That would include making a written submission to the committee, which is also covered by absolute privilege.”