Ministers explore fast-track curbs on NDAs in wake of Walliams allegations
The government is weighing rapid legal changes to stop non-disclosure agreements from silencing freelancers, volunteers and others beyond the workplace.
By Marina Weber ·
Ministers are examining ways to change the law quickly to broaden protections that prevent non-disclosure agreements from being used to conceal harassment or discrimination, following allegations concerning David Walliams.
One option under consideration is extending existing rules, which stop an NDA from being used to silence an employee, so that they also cover other groups such as freelancers and volunteers.
The move comes after an investigation by the Guardian and ITV News reported that Walliams used his power and status to prey on young women for sex. There have since been reports that an employer used NDAs to silence at least one woman connected to him. Walliams, one of Britain's best-known television personalities and a top-selling children's author, denies any wrongdoing.
The Employment Rights Act already bars NDAs from being used to stop employees disclosing possible harassment or discrimination, and a recent government consultation explored widening that protection. Officials are now expected to accelerate such plans ahead of a meeting next week between Lisa Nandy, the culture secretary, and representatives from TV, film, publishing and sport, industries that rely heavily on freelance and contract staff.
"We are very much in the space of looking at areas that we can change quickly and without legislation if there are loopholes," one government official said. "It is still early but extending these protections beyond employees is definitely the sort of thing we are looking at."
Separate existing legislation already prevents NDAs from stopping victims or witnesses of crime from giving information to specified bodies such as police or regulators. Another possible change would extend that protection so people could speak about crimes to anyone, including the media.
Campaigners had been pressing for stronger safeguards against NDAs before the Walliams allegations and before the conviction of Russell Brand, who was jailed on Monday for rape and sexual assault. Zelda Perkins, a former assistant to Harvey Weinstein who broke an NDA that barred her from discussing the now-jailed producer's predatory behaviour and has become a leading campaigner against their misuse, said she hoped the Department for Business, Innovation, Science and Trade would be galvanised by the allegations. "But extending protections over harassment and discrimination beyond employees is absolutely key, and this is something where we need to keep up the pressure," she said.
Answering questions in the Commons on Wednesday, Nandy agreed with a Conservative MP that NDAs were "central" to the problem of enforced silence. "I am working closely with colleagues at MoJ [Ministry of Justice]," she said, adding that the issue would be part of her roundtable with the creative industries next week.
In a separate, longer-term move, the law is likely to be changed so that any adult who has penetrative sex with a child aged under 16 would automatically be charged with rape. The change was recommended by Louise Casey's review into grooming gangs, published last year, after concerns that some gang members faced less serious charges by claiming consent. Lady Casey has urged swifter action to protect children from high-profile men. An official said: "This was happening anyway, but there is pressure to move quickly in the light of this week."
