Laws on ‘gagging clauses’ to be tightened to protect whistleblowers speaking out about harassment and abuse

Changes follow widespread concern about non-disclosure agreements being used to cover up wrongdoing

Employers will be banned from using confidentiality agreements to stop staff reporting harassment, discrimination and abuse under a new government clampdown on so-called gagging clauses.

Ministers are tightening laws on the use of non-disclosure agreements (NDAs) to ensure they do not stop workers from speaking to police or medical professionals about their experiences.

Announcing the measures, Theresa May said they sent a “clear message” that more protections were needed for whistleblowers.

It follows a number of high-profile reports of NDAs allegedly being used to silence people who said they were the victim of harassment or abuse.

Retail tycoon Sir Philip Green was accused of using confidentiality agreements to stop employees speaking out about his alleged mistreatment of staff, although he has denied any criminal behaviour.

A former assistant to disgraced Hollywood producer Harvey Weinstein has also said that she was made to sign an NDA.

The House of Commons, the BBC and several government departments are among organisations that have been criticised for using NDAs.

As part of the changes, workers will have to be given independent advice on the implications of any NDA they sign, and have their rights presented to them clearly in writing.

It will also be enshrined in law that confidentiality agreements cannot stop employees speaking to the police, doctors or therapists.

Ministers said they were acting after seeing evidence that some employers were using NDAs to silence whistleblowers or cover up harassment and discrimination.

Ms May said: “Sexual harassment is against the law and discrimination of any kind will not be tolerated – in the home, the workplace or in public.

“Over the past couple of years, we have seen brave individuals breaking silence on such behaviour, but too many are still facing the unethical misuse of non-disclosure agreements by their employers.

“We’re sending a clear message that a change in the law is needed to ensure workers are able to come forward, be aware of their rights and receive the advice they need before signing up to them.”

Kelly Tolhurst, the business minister, added: “Many businesses use non-disclosure agreements and other confidentiality agreements for legitimate business reasons, such as to protect confidential information. What is completely unacceptable is the misuse of these agreements to silence victims, and there is increasing evidence that this is becoming more widespread.

“Our new proposals will help to tackle this problem by making it clear in law that victims cannot be prevented from speaking to the police or reporting a crime and clarifying their rights.”