“Chapter 4A

Debate between Louise Haigh and Josh Fenton-Glynn

Tuesday 11th March 2025 Commons Chamber

[Louise Haigh]

I am very grateful for that point of order. I am, of course, very happy to declare my interests, as set out in the Register of Members’ Financial Interests, just as I am in the process of criticising a trade union.

Trade unions have been accused of using confidentiality clauses in settlements, which have the same chilling effect as NDAs. I have been told stories that should be on the front pages of newspapers, such as the man who was accused of rape, signed an NDA and was paid off. His alleged victim only found out years later that that had been the case while she was still working in the same workplace.

Media organisations such as ITN have come under recent criticism. As former employee Daisy Ayliffe said:

“Women who work for ITN have tried to report harassment and discrimination, but soon after doing so found themselves suddenly out of a job and bound by non-disclosure agreements.”

Another former employee of ITN, on seeing Daisy speak out, realised that his experience was far from unique and asked that I use parliamentary privilege today to speak about the confidentiality clause he was required to sign. He has asked that I do not use his name, so I will call him Mr B.

Mr B joined ITN in 2008 on a scheme called Enabling Talent, which aimed to recruit more disabled people into the organisation. He suffers from a condition called functional neurological disorder, which has a number of symptoms, including non-epileptic seizures or dissociate seizures, which he describes as zone-outs or blackouts. In 2008, ITN made a number of reasonable adjustments for him, including help with note taking, a key to the first aid room, and disability leave when required in order to avoid stress and fatigue-induced seizures. He states that at the time he could not fault his employer for the support it gave him.

Mr B left ITN to pursue his career elsewhere and returned in 2017, when he again declared his disability and made a request for similar adjustments. Despite multiple requests for the kind of help he had received before, none were forthcoming. Instead, he suffered severe bullying and discrimination, including pressure to disclose his disability widely to his colleagues. The situation got so bad that his zone-outs and blackouts became increasingly frequent. After suffering one seizure at work, he was required to apologise to those who had witnessed it. He was repeatedly accused of lying about his disability and told that his issues were nothing to do with his disability, despite having joined ITN on a disability inclusion scheme.

Mr B took ITN to tribunal, incurring tens of thousands of pounds in legal costs. He settled but was required to sign a confidentiality clause. His health has deteriorated so badly that he now uses a wheelchair 50% of the time and, following the loss of his job, he was, for a period, made homeless.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

Does my right hon. Friend agree that in such cases there is no public interest and no interest for anyone, apart from guilty parties, to keep these things secret, and that that is why it is important NDAs are not used to hide problems that employers should sort out?

[Louise Haigh]

I am grateful to my hon. Friend for that intervention; he is absolutely right. There are many organisations, including the BBC, that as a policy do not use NDAs.

Imagine suffering that kind of treatment at work: losing your job, losing your health, and then being banned from explaining to another potential employer, or even your closest friends, what has happened to you. It makes it next to impossible to recover from the experience, very difficult to find work again and vanishingly unlikely that the organisation will face up to its wrongdoing and enact change.

For Mr B, for survivors of monsters such as Mohamed Al-Fayed, and for the thousands of victims across our society who have been legally required to suffer in silence, I hope the House can agree that such agreements have no place in modern society. And if it can happen in organisations such as ITN, whose job is literally to expose injustice, or in trade unions, whose job is to protect workers, then it can happen anywhere. Organisations in these instances, no matter who they are, will circle the wagons and protect themselves rather than the victim. By doing so, they protect abusers. That is why we must simply remove the tools of their abuse and end the use of NDAs in these circumstances.

I am very grateful to the Minister for his earlier response and for confirming that the issue warrants further consideration, but may I press him a little further on exactly how we can see progress? And we must see progress. It is sickening that across the country women and men will have suffered abuse in their workplace and that, instead of action against the perpetrator, they are the ones who are shamed and silenced, ganged up on by lawyers and sentenced to a lifetime of regret.

Rail Performance

Debate between Louise Haigh and Josh Fenton-Glynn

Monday 11th November 2024 Commons Chamber

[Louise Haigh]

The hon. Lady is absolutely right. Northern and TransPennine Express serve my constituency as well, and some of the most deprived parts of the north of England. Performance has not been good enough. TransPennine in particular has seen insignificant improvements since it was brought into public ownership, but neither operator is where it needs to be. We are working closely with them as a priority through the operator of last resort, not only to drive efficiencies, but crucially to drive performance. I was struck when I met Network Rail and some of the managing directors of the worst-performing operating companies that they made it clear that the previous levels of performance had simply been tolerated and accepted as normal across the industry. They are under no doubt that under this Government, that level of performance will no longer be tolerated.

[Josh Fenton-Glynn (Calder Valley) (Lab)]

My constituents in Calder Valley are also sick of the performance of Northern Rail. In July, the Department for Transport issued a breach of notice to Northern Rail, because of its underperformance. Northern Rail’s chief operating officer said that performance was “not good enough”. Will my right hon. Friend confirm that she will prioritise getting Northern Rail back on track?

[Louise Haigh]

We can hear from the House how much of an impact the levels of service on Northern Rail are having. Andy Burnham texts me every Monday about the performance on Northern trains, so I can assure my hon. Friend that it is a priority.