Ben Willmott, head of public policy for the CIPD, said:

“We welcome the Government’s plans to tackle the minority of cases where NDAs are used unethically to potentially prevent victims of alleged harassment or discrimination from speaking out about their experience. We particularly welcome plans to make clear the limitations of a confidentiality clause so individuals signing them fully understand their rights. Proposals to ensure that individuals signing NDAs will get independent legal advice on the limitations of a confidentiality clause are also a positive step.”

“However, changes to the law alone will not help to prevent harassment and discrimination from occurring in the first place. There needs to be far greater recognition in some organisations that their culture has to change. This change starts with leaders and managers role-modelling the right behaviours and a greater focus on boosting diversity and inclusion.”

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