Government response to Women and Equalities Committee on misogyny in music
The Committee’s report sheds further light on the Employment Rights Bill’s NDA reforms, and how they are expected to operate in practice.
Background
Earlier this month, the Government published its response to the Women and Equalities Committee’s follow-up report Misogyny in music: on repeat. The report examined harassment and discrimination in the music industry and made several recommendations, including changes linked to the Employment Rights Bill.
Among other issues, the Committee welcomed the Government’s recent amendment to the Bill, which will void provisions in contracts or settlement agreements that prevent a worker from speaking out about harassment or discrimination.
The Committee expressed concern, however, that the reforms will not apply retrospectively. In other words, the WEC understands that NDAs entered into before the new law takes effect will not be affected. Significantly, the Government’s response did not comment on this point. That omission may be seen as tacit confirmation that the reforms will not undermine the enforceability of existing NDAs.
The Government has committed to consult on secondary legislation setting out the criteria for “excepted” NDAs, including who workers may speak to and whether the new rules should be extended to certain self-employed individuals.
Learning points for employers
The NDA provisions of the Bill are moving forward and employers should expect further consultation on the detail. The indication that the reforms will not be retrospective provides reassurance that existing agreements will remain enforceable. Care will be needed, however, to ensure future use of NDAs complies with the new framework once in force.
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