The use of non-disclosure agreements in discrimination cases Contents


Committee information


1 Introduction

Why we undertook this inquiry

Who we heard from

What do we mean by non-disclosure agreements? A note on terminology

2 Why so many NDAs? Benefits, drawbacks and drivers

A culture of discrimination?

Employer handling of discrimination complaints and grievances

Balance of power

3 Going to employment tribunal

Reporting and reputation

Time limits

Access to legal advice

Litigants in person

Cost risks and compensation

Compensation awards

Cost orders and one-way cost shifting

Previous Committee recommendations on costs and compensation

4 Content and effect of NDAs

Agreeing restrictions and carve-outs

Restrictions on seeking professional advice and support

Agreeing what can be said to prospective employers

Protected disclosure and whistleblowing

Restrictions on assisting with police, court and other proceedings

Assisting with discrimination and harassment complaints by other employees

Clawback clauses and fears of repercussion

Access to legal advice

Conclusion and recommendations on the drafting of NDAs

5 Compliance and enforcement

A perennial problem - the enforcement gap

The role of regulators

Suggestions on requiring employers to report on NDA numbers

Corporate responsibility

6 Conclusion

Conclusions and recommendations

Formal minutes


Published written evidence

List of Reports from the Committee during the current Parliament

Published: 11 June 2019