Higher Education (Freedom of Speech) Bill receives Royal Assent
The Higher Education (Freedom of Speech) Bill (the Bill) has been given Royal Assent.
In addition to the new obligations imposed on universities to promote freedom of speech and academic freedom, HR Teams will need to know about the provisions of the Bill that will effectively ban HEIs from using non-disclosure agreements (NDAs) in certain circumstances.
Background of the Bill
The Bill includes a range of measures aimed at strengthening freedom of speech and academic freedom in HEIs. It increases existing duties placed on HEIs, and introduces new duties including the duty for HEIs to promote the importance of lawful freedom of speech and academic freedom in higher education. Individuals who have suffered loss as a result of the breach of specified freedom of speech duties will have an opportunity to seek legal redress under the civil court framework and also under a new complaints scheme. For more details of these wider duties and their implications, see Kris Robbetts' article on the draft Bill.
Non-Disclosure Agreements
As part of the efforts of the Bill to boost freedom of speech within HEIs, a new restriction has been introduced on the use of NDAs in the sector. There is a new duty on HEI governing bodies to ensure the HEI does not enter into NDAs with staff, members, students or visiting speakers, in relation to complaint about specific matters. Where a HEI enters into an NDA in breach of the new statutory duty, the NDA will be void.
The specific matters about which HEIs are no longer permitted to enter into NDAs are complaints of misconduct relating to sexual abuse, sexual harassment, sexual misconduct, as well as bullying or harassment unrelated to sexual abuse, harassment and misconduct.
The majority of the provisions contained in the Bill will come into force under regulations to be passed by the Secretary of State in due course.
