2nd Special Report - The use of non-disclosure agreements in discrimination cases: Government response to the Committee’s Ninth Report of Session 2017–19

This is the government's response, published 29 October 2019.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government welcomes the report and agrees it is unacceptable for discrimination cases to be covered up by NDAs, while also stating that NDAs have a "legitimate place" and setting out its own reforms.

• It has committed to legislate so that NDAs cannot prevent disclosures to the police, regulated health and care professionals and legal professionals, and must clearly set out their limitations.
• On a mandatory duty to investigate all complaints, it agrees employers should investigate but prefers "some flexibility", and will consider the proposal further with stakeholders.
• It does not support naming specific directors for NDA and anti-discrimination oversight, citing a risk to collective board responsibility, and says the whole Board should have that responsibility.
• It has not taken forward making it a criminal offence to propose certain clauses, saying existing and proposed measures are proportionate, but "remains open to considering stronger sanctions in the future".

Read the government's response ↗ Report an error