Theresa May: Employers using NDAs 'unethically' after Daily Telegraph gagged
The PM is told confidentiality orders are being used to silence women who have been subject to sexual harassment or racist abuse.
Wednesday 24 October 2018 15:09, UK
Theresa May has told MPs it is "clear" some employers are using non-disclosure agreements "unethically".
The prime minister confirmed the government will look at ways to improve rules around the confidentiality orders and make it "explicit" to companies when they cannot be used.
It came after she was told such agreements have been used to gag women who have been subject to sexual harassment or racist abuse.
Labour MP Jess Phillips raised the issue after the Court of Appeal was revealed to have prevented a newspaper from naming a "leading businessman" alleged to mistreated staff in such a way.
During Prime Minister's Questions on Wednesday, Mrs Phillips told Mrs May: "It seems our laws allow rich and powerful men to pretty much do whatever they want as long as they can pay to keep it quiet."
The Labour backbencher asked whether the prime minister supported the Court of Appeal's decision to rule in support of "non-disclosure agreements which have been used to silence women who have been sexually harassed and others who have been racially abused".
In response, Mrs May told the House of Commons she could not comment on "a particular case that is currently before the courts".
But, she added: "What I will say, what I've said previously, is that sexual harassment in the workplace is against the law.
"Such abhorrent behaviour should not be tolerated and an employer that allows that harassment of women to go undealt with is sending a message about how welcome they are and about their value in the workplace.
"So, just as we won't accept any behaviour that causes people to feel intimidated or humiliated in the workplace, there must be consequences for failing to comply with the law.
"Non-disclosure agreements cannot stop people from whistleblowing but it is clear some employers are using them unethically.
"The government is going to bring forward measures for consideration for consultation to seek to improve the regulation around non-disclosure agreements and make it absolutely explicit to employees when a non-disclosure agreement does not apply or cannot be enforced."
The Daily Telegraph reported on Wednesday a senior executive in a company group had hired at least seven lawyers and spent close to £500,000 in legal fees in his quest to get an injunction against the newspaper.
Under the court ruling, it is illegal to reveal the businessman's identity or to identify the companies, as well as what he is accused of doing or how much he paid his alleged victims.
It had earlier been suggested Mrs Phillips would use parliamentary privilege to name the businessman, but she posted on Twitter: "I won't name anyone in today's PMQs before everyone gets excited, I don't know the name of the person."