Non-disclosure Agreements

Martin Wrigley Excerpts

Wednesday 2nd April 2025 Westminster Hall

[Martin Wrigley (Newton Abbot) (LD)]

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the right hon. Member for Sheffield Heeley (Louise Haigh) on securing this important debate.

We have heard from Members how widespread this issue is: we heard about the hospitality industry and the creative industries, we just heard about teachers, and the hon. Member for Congleton (Mrs Russell) told us that it occurs in every HR department. I am horrified that it also happens in the NHS. I was approached by a constituent whose employment as an NHS nurse was terminated, but I do not know many of the details, because she cannot speak to me about it. Her employment was terminated due to—how can I put it best?—a medical condition that she suffered and is now over, but she cannot talk about it, and it has given her issues ever since. I do not know how many people in my constituency fall into that category, because, as the right hon. Member for Sheffield Heeley said, they cannot talk to us about it.

[Mrs Russell]

Typically, the agreement’s wording will contain an exemption for whistleblowing—the Solicitors Regulation Authority says it must—so the chances are that the hon. Gentleman’s constituent can actually talk to him about the details, and he can refer to it under parliamentary privilege. However, most people do not fully understand the relationship between the whistleblowing exemptions—they are extremely limited and tightly drafted and say that someone can only speak to very limited people in very limited circumstances to whistleblow in line with the law—and the broader statement that I referred to: “You cannot discuss the circumstances surrounding your employment.” Unless someone has had good legal advice that makes that really clear, and they can retain that quite sophisticated combination, they do not understand. The exemptions that we have just do not work.

[Martin Wrigley]

I fully agree. Absolutely—people do not know what they can do.

Will the Minister investigate how widespread the use of NDAs is in the NHS? Given that it is probably in the Government’s power to ban it in the NHS without primary legislation, will he take steps immediately to have it stopped and seek what recompense is required for those who have suffered it?

I agree absolutely that this practice must be stopped entirely. It is just one of many poor practices that are carried out by some businesses—not all, but some—often unwittingly. That is why I introduced my Company Directors (Duties) Bill, which will have its Second Reading debate on 4 July. Right now, the company directors’ duties say that they must put shareholder interests first and might have regard to other things. My Bill—I hope the Minister will consider working with me on making it happen—would change company law so that directors have a duty to balance the interests of shareholders, employees and the environment. I seek the support of Members present to make the Bill law; I hope that we can have further discussions to see what we can do to get it into the Government’s schedule. Until we put that balance at the foundation of the company directors’ duties, it will be impossible to get rid of circumstances, such as those the hon. Member for Congleton described, where company directors behave badly.

I fully support the right hon. Member for Sheffield Heeley on all the issues that she identified and will happily engage and do whatever I can to advance work on them.

[Mr Clive Betts (in the Chair)]

The Front-Bench speeches will need to start by 10.28 am. I call the Chair of the Women and Equalities Committee.

--- Later in debate ---

[Justin Madders]

I shall come on to the action that we are taking a bit later. None the less, that is an important point: there are legitimate uses for NDAs and it is important that we get that balance right, making sure that those commercial and legitimate business interests are protected while, at the same time, not deliberately silencing victims. NDAs should never be used to silence victims of harassment or any other misconduct in the workplace.

There are important legal limits to the use of NDAs in the employment context. Any clauses of an NDA that were to stop a worker from blowing the whistle, for example by making a protected disclosure to a lawyer or a prescribed person, are not enforceable. The use of an NDA by an employer could also amount to a criminal offence if it is an attempt to pervert the course of justice or conceal a criminal offence. A settlement agreement under the Employment Rights Act 1996 and any confidentiality clauses it contains would be void if the worker did not receive independent advice on the terms and effects of that agreement.

The Equality and Human Rights Commission and the Advisory, Conciliation and Arbitration Service have both published guidance on NDAs to ensure that workers and employers understand those limitations, but we have heard from many hon. Members that the guidance is not being observed in practice as much as we would expect. My right hon. Friend the Member for Sheffield Heeley mentioned the guidance from the Solicitors Regulation Authority, which has issued an updated warning notice to remind the legal profession that NDAs should never be used to try to prevent the lawful disclosure of serious misconduct or potential crime. The SRA is also clear that evidence of the use of inappropriate clauses in such agreements may lead to disciplinary action.

Nevertheless, we hear the calls to go further, and the issues raised today highlight some of the key areas that we want to further investigate. It is clear that there are still serious concerns about how employers are using NDAs to silence employees. We have heard today that victims often feel that they are left with little choice but to leave their employer, without any assurance that their employer is addressing the misconduct and dealing with the perpetrator.

[Martin Wrigley]

Does the Minister agree that we need to change the social contract for companies such that they no longer take all the benefits of limited liability and simply focus on shareholder value? Will he support my better business Bill—the Company Directors (Duties) Bill—which will have its Second Reading on 4 July, and meet me to discuss it? The Bill is backed by some 3,000 businesses, the Institute of Directors and others. As I mentioned, it would balance the responsibility of company directors with the interests of shareholders, employees and the environment; fundamentally change their basic responsibilities in how they run their companies; and therefore turn the purpose of the company to good, including that of the employees. It would prevent many of the circumstances that we are describing today.

[Justin Madders]

I have not seen the hon. Member’s Bill, and I suspect that its application is rather broader than just to the topic we are debating. We are looking at corporate governance, and in due course we intend to introduce legislation that may pick up on a number of the issues addressed by his Bill.

As we have touched on, a number of recent reports, such as the Women and Equalities Committee’s “Misogyny in music” and the Treasury Committee’s “Sexism in the City”, highlight that NDAs do not stand up in a court of law and are often used to chill victims.

The hon. Member for Guildford (Zöe Franklin) spoke about the good work of the Creative Industries Independent Standards Authority. I understand that the Culture Secretary recently met the authority to discuss how they can work together to improve workplace standards and behaviour in the creative industries. We want to support the authority moving forward; that is a matter for the Culture Secretary, and I am sure that she continues to engage with it.

Local Post Offices

Martin Wrigley Excerpts

Thursday 30th January 2025 Commons Chamber

[Gideon Amos]

Indeed. I think the hon. Member had read the next sentence of my speech, which was about the post office branch housed in WHSmith on Fore Street in Taunton. That business is potentially up for sale, which poses risks. The loss of such post offices would leave a huge gap across the country, particularly in county towns like Taunton. In the course of his work, will the Minister get concrete assurances from WHSmith that post offices in its stores will be retained following the sale? It is important that the Government get assurances from WHSmith on that point.

[Martin Wrigley (Newton Abbot) (LD)]

I thank my hon. Friend for securing this important debate. The distinction between Crown post offices and franchised post offices cannot be drawn heavily enough. In my constituency, we lost Crown post offices in Newton Abbot and in Dawlish, and the one in Teignmouth—which I believe is the last in my constituency; all the rest are franchises—is now under threat. Does he agree that the franchise system can provide a useful service but is absolutely no substitute for the full Crown post office service, which must remain?

[Gideon Amos]

I agree. I am sure that the Government will say in due course that, whatever its exact business model, a viable post office is what matters, and there would be some truth in that, but a secure post office, established for the long term, is what really matters.

The worries we hear from across the House and the country are not without foundation. We have seen worrying closures across the country. Notably, as has been mentioned, there was a recent consultation on the closure of 150 post offices. The loss of branches means that fewer communities can access vital services. House of Commons data shows that the number of post offices is rising overall, but in the south-west, which has lost more post offices than any other region in England, it is falling.

Wellington in my constituency lost its post office in 2019, and we can see the damage caused by that loss. Wellington is not a small town; it has 15,000 residents and is growing fast. Its population has grown by a third over the past two decades according to census data, and around 1,500 new homes have been built there in recent years. It also has a proud history as the home of Fox Brothers & Co, which has been manufacturing the finest flannels and fabrics for over 250 years and also owned its own bank—the Fox bank on Fore Street was the last bank in the country to issue its own banknotes. It is unacceptable for such a town to have no main post office. Losing the post office in 2019 has been a real blow. One constituent told me that he finds it

“totally baffling why Wellington Post Office was ever closed”.

It is particularly difficult for those without access to a car to visit the nearest alternative at Rockwell Green, a village several miles away. If they do, residents often find that the sub-post office is oversubscribed, with queues out the door. As a small village post office, it was only intended to provide for small numbers, and when it is open, parking has become a bit of a nightmare.

Budget Resolutions

Martin Wrigley Excerpts

Wednesday 6th November 2024 Commons Chamber

[Martin Wrigley (Newton Abbot) (LD)]

We know that growth comes from investing in productivity and skills, and I, too, welcome the £22 billion for the NHS. Long-term public investment is essential for the security and stability that the UK needs. However, we heard about the issues relating to employers’ NI contributions, which will hit doctors, dentists, care homes and local hospices, adding a significant amount to their annual cost base per employee.

There is also pressure on voluntary, community and social enterprises. In my district, Teignbridge Community and Voluntary Services tells me that the sector employs some 3% of the local population, who are now all subject to the NI increase. Although it is better than nothing, the business rates reduction from 75% to 40% will disappoint local retail, hospitality and leisure businesses—not forgetting the inheritance tax threat to Devon’s family farms. There is nothing in this Budget for social care, for Devon’s crumbling hospitals or for Devon’s essential transport.

[Ben Maguire]

Bank shares are soaring following this Budget. Does my hon. Friend agree that the Liberal Democrat proposal to reverse the Conservative Government’s cut to the big bank levy, raising around £4 billion a year, would mean that we would not need the GP tax, the family farm tax or the winter fuel cut and that we could fund upgrades to the Treliske, Derriford and North Devon hospitals—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. This is too long an intervention.

[Martin Wrigley]

My hon. Friend is absolutely right: there are other ways that this money could have been found. The Liberal Democrats have long been saying that we should be looking to the banks, the big oil companies and the big international tech companies to pay their fair share, and that is where money should be sought.

There is nothing in the Budget for Devon’s essential transport. Last year’s pothole fund was a “drop in the ocean”, according to Devon County Council, and the 50% increase in this Budget still leaves a big hole. Not even mentioned in the Budget is the completion of the Dawlish rail resilience project, which is key to connecting the south-west. Without funding, the design team will soon be redeployed and all the progress to date will be lost. This project will cost millions more if it is not done now, and I urge the Minister to meet us to get it funded. Growth in the economy in Devon and Cornwall is heavily dependent on fast, reliable train services, and we saw what happened with Dawlish.

The Budget also mentioned housing and local government. Until July, I was leader of my district council, and I am proud that the Lib Dem administration started building council homes—the first in 30 years. They were cheap to rent and cheap to heat because they were well insulated and powered by air source heat pumps and solar power. Additional capital for social homes is welcome, but the frozen local housing allowance hampers housing associations that have already scaled back their plans for development, and commercial developers will still try to cut affordable homes from section 106 responsibilities.

The Budget also offers 300 new planning officers, but those are spread very thinly over the 326 planning authorities. Newton Abbot’s social housing need has increased by 50%. In my constituency—like in Ely—the average house price is 11 times the average earnings and rents have soared. The broken housing market is failing Newton Abbot, and the proposed changes to the planning rules are insufficient to fix it. Homes are unreachable for too many families. People are being denied the right to a safe and secure place to call home.

I welcome the multi-year settlements for councils and the removal of the “Hunger Games”-style bidding for grants involving huge amounts of wasted efforts writing bids and unachievable timeframes. We cannot let that centralised control continue. We need real devolution, but devolution is not just reorganisation—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I call Rosie Wrighting.