Universities: Disclosure of Information

(asked on 12th February 2020) - View Source

Question to the Department for Education:

To ask the Secretary of State for Education, what assessment his Department has made of the prevalence of use of non-disclosure agreements by universities.


Answered by
Michelle Donelan Portrait
Michelle Donelan
Secretary of State for Science, Innovation and Technology
This question was answered on 24th February 2020

The government consulted on the misuse of confidentiality clauses in employer/employee relationships in 2019, and in response announced that we will legislate to prevent the misuse of Non-disclosure agreements (NDAs) in the workplace – including those being used to cover up harassment and discrimination. This will strengthen protections for individuals and create a create a fairer workplace for all.

In responding to that consultation, the University and College Union (UCU) and other unions expressed concern about the misuse of NDAs to 'gag' staff after experiencing poor behaviour in the workplace, including bullying, discrimination or sexual misconduct.

The department does not hold data on the use of NDAs in higher education and therefore has not made any specific analysis of their use. While there are a range of legitimate reasons why universities may use NDAs, including, for example, the protection of commercially sensitive information related to university research, we recognise their misuse is an area of concern.

We have clear expectations that universities should only use NDAs where necessary and appropriate. Any misuse of these agreements to hide workplace harassment or withhold details of student complaints is completely unacceptable and can not only distress individuals but also risk bringing the reputation of our world-leading higher education system into disrepute.

Sexual misconduct and harassment are unacceptable in higher education, as elsewhere, and government expects higher education providers to have robust and appropriate policies and procedures in place to effectively handle disclosures and reports of such behaviour by students and staff.

The Office for Students (OfS) is currently consulting on its approach to regulation and its expectations for providers in addressing sexual misconduct and harassment in their institutions. This consultation closes on 27 March. Government officials meet at least quarterly with both the OfS and Universities UK specifically to discuss making progress on tackling harassment in higher education.

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