International Women’s Day 2020: Following #metoo What Happened With NDAs?

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International Women’s Day 2020: Following #metoo What Happened With NDAs?

NEW YORK, UNITED STATES – FEBRUARY 21, 2020: Former Hollywood film producer Harvey Weinstein leaves Harvey Weinstein may have been convicted in the US and is awaiting sentencing, but in the UK since #metoo started there have been a number of inquiries and consultations looking at sexual harassment in the workplace, including the use, and misuse, of non-disclosure agreements.

Over a year after the Government published its response to the UK Parliament Women and Equalities Committee (“WEC”) Inquiry Report and recommendations into sexual harassment in the workplace, we have seen no new legislation seeking to deal with the key issues highlighted by the Report and no indication that new law will be on the horizon any time soon.

It was the issue of NDAs which got much focus during 2018. Often cited as one of the key reasons sexual harassment was able to be perpetuated for so long, there were many calls to ban them completely.

The Government have not legislated on the issue of NDAs. There was a further consultation on this issue with the WEC being tasked to investigate the matter. Their report was published in June 2019 and the Government’s response was published in October 2019.

What is an NDA?

An NDA is any confidentiality clause in a contract which prohibits disclosure of information. The majority of NDAs which arise in a sexual harassment context are contained within settlement agreements, which are contracts used to settle claims and potential claims made against employers, often at the termination of someone’s […]

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