Overview:
The Employment Rights Bill is a major piece of legislation introduced in the UK Parliament that seeks to reform the nation's employment laws to better protect workers across industries. Among its many provisions, the bill directly addresses the misuse of Non-Disclosure Agreements (NDAs), aiming to prevent their use as tools to silence victims of workplace harassment, discrimination, and abuse.

 

Key Provisions:

• Unfair Dismissal:
  Grants employees the right to claim unfair dismissal from their first day of employment, removing the current two-year qualifying period.

• Flexible Working:
  Establishes flexible working as the default, requiring employers to accommodate such arrangements unless there is a valid business reason not to.

• Statutory Sick Pay (SSP):
  Extends sick pay to all workers, including those on low incomes, and removes the waiting period so that SSP begins on the first day of illness.

• Family Leave:
  Improves maternity and paternity leave and introduces new rights such as paid carers' leave.

• Harassment Protections:
  Imposes a legal duty on employers to prevent workplace harassment, including by third parties such as customers or clients.

• Trade Union Rights:
  Strengthens protections for workers involved in lawful industrial action and simplifies the process of union recognition.

 

Ending the Misuse of NDAs:
A proposed amendment within the Employment Rights Bill would prohibit the use of NDAs to conceal instances of harassment, discrimination, or abuse unless the survivor expressly requests it. The amendment has received widespread support across party lines and was shaped by survivor-led advocacy efforts, including campaigns like Can’t Buy My Silence.

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This provision seeks to ensure that NDAs cannot be used to prevent individuals from speaking out or reporting wrongdoing to the police, health professionals, or legal advisors. It also addresses the broader misuse of NDAs to suppress transparency and accountability across sectors, including in charities and trade unions.

 

Legislative Progress:

• Introduced in the House of Commons: October 10, 2024

• Committee Stage Completed: January 16, 2025 (with 149 government amendments passed)

• Third Reading in the Commons: March 12, 2025

• Introduced to the House of Lords: March 14, 2025

• Second Reading in the Lords: March 27, 2025

• Status: Ongoing debate and consideration in the House of Lords

 

Why It Matters:
This legislation represents a cultural and legal shift in how the UK protects employees and addresses systemic harm in workplaces. If passed, it will set a precedent for ending the coercive use of NDAs and restoring power to those whose voices have been silenced.