UNITED KINGDOM
LEGISLATION REFORMS IN PLACE
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 Act is currently on hold.
This ammendment 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.
In May 2024 an amendment to The Victims and Prisoners Bill 2024 received Royal Assent and became an Act of Parliament clarifying that any confidentiality agreement is void if it precludes a victim from speaking to law enforcement; legal; regulatory or therapeutic advice services or family when it is related to criminal conduct. Although this does not solve the problem of NDAs it does give those who have signed them the ability to speak up to appropriate governing bodies and importantly to their families.
This amendment came about through the collaboration of CBMS with Dame Maria Miller (Con) and Lalya Moran (Lib Dem) who both tabled amendments to broaden the definition of a victim with regard to gagging orders.