Employment Rights Bill

Jess Asato Excerpts

Tuesday 11th March 2025 Commons Chamber

[Wera Hobhouse]

I rise to speak in support of new clause 74, which appears in the name of the right hon. Member for Sheffield Heeley (Louise Haigh). I pay tribute to her and to my hon. Friend the Member for Oxford West and Abingdon (Layla Moran) who have campaigned on these issues for a long time. New clause 74 seeks to ban non-disclosure agreements that prevent workers from making a disclosure about harassment, including sexual harassment—we have talked about sexual harassment in the workplace for the last four or five hours.

NDAs were initially designed to protect trade secrets by restricting the sharing of certain information, but in recent times they have taken on an entirely different and quite sinister role. They have essentially become the default solution for organisations and individuals to settle cases of misconduct, discrimination and harassment, keeping the extent of such incidents unaccounted for. Incorporating clear provisions to ensure transparency in cases of harassment would strengthen protections for all workers.

Data from Can’t Buy My Silence has revealed some deeply worrying statistics about the misuse of NDAs. In a survey of more than 1,000 people who experienced harassment and discrimination in the workplace, 25% reported being forced to sign an NDA, while an additional 11% stated that they could not say due to legal reasons, implying that they had also signed an NDA. Four times as many women as men sign NDAs, and they are used disproportionately against women of colour.

In Committee, the Minister said that the Government had “reservations” about changing the law in this way, as there may be “unintended consequences”. I struggle to understand why the Government have committed to banning universities from using NDAs in cases of sexual misconduct, harassment and bullying but have not committed to extending those protections to other sectors. NDAs are clearly being used in a totally different way to what they were designed to achieve, and we must stop this before more victims are silenced. I heard the Minister say earlier that he is at least looking at what new clause 74 is trying to achieve.

Despite my concerns about the misuse of NDAs, the Bill as a whole has many very positive provisions. Importantly, it finally legislates to protect workers from third-party harassment. I brought that forward in my original Bill that became the Worker Protection (Amendment of Equality Act 2010) Act 2023, which recently became law. However, it was blocked by amendments made to the Bill in Committee in the House of Lords by the Conservative party, so that such liability and protection from sexual harassment by third parties in the workplace was not created. We have already discussed that several times this afternoon.

I am most pleased that the Government have committed to making workplaces safer through this protection, because that is what this is all about. Creating safer workplaces is good for everyone, including businesses, despite what the Conservative party says. A study by Culture Shift found that 66% of businesses believe that preventing sexual harassment is very important. I do not know what Conservative Members are talking about when they say that their inboxes are full; I have not seen a single email from a business writing to me to say that it is worried about protecting its own employees from third-party harassment. According to WorkNest, three quarters of employers are still concerned about protecting employees from harassment by third parties. Businesses are concerned that they cannot protect their workers from third-party harassment; they clearly want these protections to be included in the Bill.

Too many people still suffer from third-party harassment at work. Amendment 288, which tries to remove those important provisions, is plain wrong. Employers have a duty to ensure the safety of their employees from not just other employees, but third parties who may interact with them in the workplace. That responsibility should be part of their broader commitment to workplace safety. If the Conservative party is truly committed to a world without harassment and sexual harassment in the workplace, why is it still condoning offensive language and behaviour as “banter” and “free speech”, rather than taking a step to support businesses and protect workers from sexual harassment in the workplace, as proposed in the Bill?

I am grateful that the Government have ensured the completion of my Act as it was intended a year or two ago. Although I remain concerned about the misuse of NDAs, I welcome many of the provisions in the Bill. I will be proud to walk through the No Lobby when we come to vote on amendment 288, and I hope that all right-minded people will join me there.

[Jess Asato (Lowestoft) (Lab)]

I refer the House to my entry in the Register of Members’ Financial Interests. I am a proud member of the trade unions USDAW, Unison and GMB, and I am also proud to have worked at a domestic abuse charity for six years. That is why I rise today to speak in support of new clause 22, which I have tabled with the support of colleagues from across the House. I am an officer of the all-party parliamentary group on domestic violence and abuse, the secretariat of which is ably provided by Women’s Aid. I have tabled this new clause following evidence presented to the APPG, with the drafting support of the law firm Hogan Lovells.