Employers face new rules over NDA misuse

EMPLOYERS are failing to stamp out sexual harassment in the workplace, leaving workers vulnerable to abuse, the Government warns today. Under new legal guidance to be drawn up by ministers and the equalities watchdog, businesses will be required to protect employees and investigate complaints.

It comes five months after a damning parliamentary inquiry found that British employers were using non-disclosure agreements, so-called NDAS, to bully staff into silence over touching, groping and sexual assaults. The probe, triggered by the Harvey Weinstein scandal, was followed by the naming of Sir Philip Green as the individual behind an injunction stopping The Daily Telegraph reporting allegations against him from five former staff members.

In the wake of the Metoo scandal, the Government may also review gagging clauses to ensure victims can report cases of abuse to the police.

One option ministers are exploring is to state in “plain English” that NDAS cannot stop a signatory from whistleblowing or filing a criminal complaint.

The code will be drawn up with the Equalities and Human Rights Commission, which will handle confidential complaints made by whistle-blowers.

The Government will also begin gathering data on sexual harassment in the workplace by requiring companies to complete surveys every three years.

Victoria Atkins, the minister for women, added: “Sexual harassment at work is illegal, but that behaviour is something many women still experience today. We are taking action to make sure employers know what they have to do to protect their staff.”

But ministers were themselves last night criticised for delays in extending a three-month time limit for taking claims to tribunal. Mrs Miller said the UK now trailed other countries in tackling the misuse of NDAS. “Employers need to know they face severe penalties if they don’t protect their staff,” she said.