Zelda Perkins, the former assistant to Harvey Weinstein and campaigner against non-disclosure agreements, has welcomed UK government plans to ban gagging orders that silence workplace misconduct.
The Labour government has tabled an amendment to the Employment Rights Bill outlawing the use of NDAs to silence victims or witnesses of harassment and discrimination. The clause was introduced in the House of Lords on Monday.
Perkins, who has become a vocal critic of NDAs after breaking her own agreement with Weinstein during the #MeToo movement, has been lobbying against the misuse of gagging orders. On Monday evening, she met to discuss the amendment with Justin Madders, the employment rights minister, and lawmakers including Louise Haigh and Sarah Russell.
Madders said that the “misuse of NDAs to silence victims of harassment or discrimination is an appalling practice,” adding that the changes will give “workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden.”
Perkins, founder of Can’t Buy My Silence UK, said: “This change has been a very long time coming. For every person who has spoken out, despite fear, legal threats, or personal cost – this is proof that your voice made a difference.
“Confidentiality clauses have been used to cover up harassment and discrimination for decades. Finally, the government is acknowledging the harm they cause, not just to individuals, but to entire workplaces. Across the country people will be safer as a result of this law.
“If anyone faces abuse or harassment in their work they will be able to speak up without the fear of being silenced. And bosses, without the ability to sweep wrongdoing under the carpet, will be forced to act, to deal with persistent perpetrators of abuse, and protect their staff.
“This announcement is a huge step forward, but we’re not done yet – we will keep fighting alongside Louise Haigh to make sure the regulations that follow are watertight – and that Labour follows through on its promises.”
The government’s plan to update UK law on NDAs comes amid scrutiny over the agreements in the media industry. Deadline reported on Channel 4’s use of confidentiality clauses in 61 settlement deals signed by former staff members who exited amid an employment dispute between 2017 and 2021.
Channel 4 denies that these clauses amounted to NDAs, but Perkins disagreed. Baroness Kennedy, chair of the UK’s Creative Industries Independent Standards Authority (CIISA), called on Channel 4 to launch an independent investigation.
Philippa Childs, head of Bectu, added: “Film and TV and the rest of the creative industries have been plagued by powerful predatory men for too long, facilitated by the use of NDAs.
“Banning the use of NDAs in sexual harassment cases is a clear statement from Government that this unacceptable behaviour can no longer be covered up. This development will be particularly welcome for freelance members working across the creative industries where perpetrators have been able to use the cover of NDA’s to hide in plain sight.
“Sexual harassment continues to be a serious problem for the Sector and today’s announcement is a welcome step which will help towards stamping out abuse of power.”
