TIMELINE

The Worker Protection Act (2024) is added as an amendment to the Equality Act. It states that ‘an employer must take reasonable steps to prevent sexual harassment of employees in the course of their employment’.

2024

The government amends the Victims and Prisoners Bill to ensure that NDAs do not prevent victims from accessing legal and other advice or from speaking to their families with relation to criminal conduct.

The Bar Council makes a public statement acknowledging that “NDA's are ripe for legislative change” and that they “welcome the Government’s intention to implement legislative reform".

Report from Treasury Select Committee parliamentary inquiry: ‘Sexism in the City’ recommends banning NDAs as report shows shocking prevalence of misuse siting CBMS evidence submission.

Report from WESC parliamentary inquiry: ‘Misogyny in Music’ finds distressing amount of misuse of NDAs and calls for ‘retrospective moratorium of NDAs’ siting CBMS evidence submission.

2023

Dame Maria Miller MP tabled amendment to the Victims and Prisoners Bill to broaden the definition of victim to include people who have signed NDAs in cases of misconduct.

SRA Official Review into use of NDAs , resulting in a planned program of work to review their warning notice and identify gaps in knowledge and practise. Also a coordinated programme of education across all regulators creating harmonised cross sector guidance for professionals.

Legal Services Board (LSB) call for evidence on misuse of NDAs with 2024 report backing up CBMS data unequivocally.

Higher Education (Freedom of Speech) Act banning NDAs in cases of sexual misconduct, discrimination and bullying passes through parliament and receives royal assent.

2022

Devolved education departments of Wales, Scotland and Northern Ireland sign up to CBMS pledge to no longer use NDAs in Higher Education.

Layla Moran MP (Lib Dem) tabled Private Members Bill to make provisions on content and use of NDAs.

2021

Dame Maria Miller MP (Conservative) tabled Private Members Bill to ban the misuse of NDAs on launch day of CBMS.

2020

SRA update warning notice on NDAs after sending Allen and Overy partner to solicitors disciplinary tribunal over Weinstein/Perkins agreement.

2019

Department for Business, Energy & Industrial Strategy carry out consultation into NDAs measures to prevent misuse in situations of workplace harassment or discrimination.

Law Society publish updated Practise note on the use of NDAs and confidentiality clause in an employment context.

Second WESC parliamentary inquiry: ‘The use of non disclosure Agreements’. Zelda Perkins submitted evidence on NDA misuse.

2018

Solicitors Regulation Authority (SRA) publish warning notice on misuse of NDAs after Weinstein/Perkins Investigation.

Women and Equalities Select Committee (WESC) parliamentary inquiry: ‘Sexual Harassment in the workplace’. Zelda Perkins gave evidence on NDA misuse.