Commenting in response to the new report Ben Willmott, head of public policy at the CIPD, said:

“The committee rightly recognises the need to strike a balance in reforming the use of NDAs so they cannot be used to gag victims from speaking out about allegations of discrimination or harassment, while still protecting the rights of victims to be able to make the choice to move on with their lives.

“In particular, the CIPD supports the recommendations to strengthen corporate governance requirements around the use of NDAs. For example, by requiring a named senior director to oversee anti-discrimination and harassment policies and procedures and the use of NDAs in discrimination and harassment cases.

“We also support the suggestion that there should be greater standardisation in the wording of the NDAs to make it clearer what information can and cannot be shared. 

“Another positive recommendation by the committee is to require that the independent advice a worker receives on a settlement agreement must cover the nature and limitations of any confidentiality clause in the agreement. 

“Finally, the CIPD agrees that there is a need to improve enforcement more broadly and ensure there is effective coordination between the proposed single labour market enforcement body and the work of the EHRC to protect workers from discrimination and harassment.”

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