The Sunday Telegraph

NDAs cannot prevent staff going to police

- By Sophie Barnes

COMPANIES will be banned from using gagging orders to prevent staff from reporting wrongdoing to police, lawyers or doctors, under government proposals.

New legislatio­n announced today aims to tackle the misuse of non-disclosure agreements (NDAs) in the workplace, including those being used to cover up sexual harassment, racial discrimina­tion and assault.

But the changes are expected to be criticised by campaigner­s who do not feel they go far enough. The women and equalities committee has called for a complete ban on using NDAs to cover up harassment and discrimina­tion.

The Government’s planned changes will prohibit firms from using NDAs to prevent workers from disclosing informatio­n to police, health and care profession­als and lawyers. They also require employers to make clear – “in plain English” – any limitation­s. The legislatio­n will ensure that workers will receive independen­t legal advice.

The current legislatio­n already allows those who sign NDAs to report wrongdoing to police. Employees are also required to get independen­t legal advice before signing otherwise it is not considered valid, but the new legislatio­n will require lawyers to advise workers on the limitation­s.

The Telegraph exposed the use of NDAs by Sir Philip Green, the Topshop owner, after staff made allegation­s of sexual assault and racism against him.

Sir Philip has said he “categorica­lly and wholly” denies the allegation­s against him.

In an interview with The Sunday Telegraph, Kelly Tolhurst, business minister, conceded that the ability to report wrongdoing to police even after signing an NDA already exists in current legislatio­n, but said that workers were being “misled or … under the impression that they were unable to report to the police” by employers who were encouragin­g them to sign an NDA.

There is no date yet for when the new legislatio­n will be enacted, and this could be further complicate­d when a new prime minister takes over, but Ms Tolhurst said there is “no intention to sit on it” and hopes it will be enacted “as soon as possible”.

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