UNITED KINGDOM

In February 2023 English Parliament voted through an amendment to the Higher Education (Freedom of Speech) Bill, which requires Universities and their constituent colleges that are registered to receive public funding to stop using non-disclosure agreements to cover up sexual misconduct, harassment and bullying. The Bill has passed all stages and received Royal assent in May 2023 making it the first law of its kind in England. The bill should come into effect in 2024 and we are working to ensure the devolved nations also incorporate this provision into law.

This legislation came about as in 2022 Can’t Buy My Silence created a voluntary pledge for universities to stop misusing NDAs. This was partnered and endorsed by then Education Minister Michelle Donelan and the Department for Education. 67% of key institutions signed up and within 18 months this changed the landscape and passed into legislative reform. We are now continuing this mentality with our Business Pledge which seeks to broaden these protections to the rest of the economic workforce. We are calling on leading UK businesses to be at the forefront of this change with the goal of pushing the department of Business and Trade to reform the 1998 Employment Equality Act.

CBMS have also collaborated with Dame Maria Miller MP introducing an amendment to the Victims and Prisoners Bill to extend the definition of a victim to include someone being held under an NDA. This is at committee stage in the House of Lords after passing its first and second reading in the House of Commons and although would not solve the problem of NDAs would give those who have signed them the ability to speak up to appropriate governing bodies.