Question to the Department for Business and Trade:

To ask the Secretary of State for Business and Trade, whether he plans to include non-disparagement clauses within the definition of contractual duties of confidentiality in Clause 22A of the Employment Rights Bill.

Clause 22A of the Employment Rights Bill will void any provision in an agreement, such as a contract of employment or settlement agreement, between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination.

Where an agreement includes a non-disparagement clause, this would be void in so far as it limits a worker's ability to speak out about relevant harassment, discrimination or their employer's response to it.