Harassment | Acas publishes new guidelines on NDAs

After an inquiry into the corporate culture at Sir Philip Green’s Arcadia Group retail empire revealed that the business magnate had allegedly used non-disclosure agreements (or NDAs) to silence employees attempting to report abuse in 2019, a government group called the House of Commons Women and Equalities Committee called for current laws allowing businesses to ‘routinely use NDAs to cover up allegations of sexual misconduct’ to be changed.

Such practices are “completely unacceptable”, the committee said. Its report warned of a “cover-up culture” that may prevent victims from coming forward over fears that they may not be taken seriously.

Now, Acas has published new guidance on the use of NDAs, which stated that they can no longer be used to silence claims of sexual harassment within the workplace, according to reports by the Law Gazette.

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“The news has reported on victims coming forward that have alleged appalling abuse by high profile figures who have then tried to use NDAs to silence whistleblowers. NDAs can be used legitimately in some situations but they should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work,” stated Acas Chief Executive Susan Clews.