Employment news

EHRC calls for end to non-disclosure agreements in sexual harassment cases

The Equality and Human Rights Commission (EHRC) has called on the government to scrap the use of non-disclosure agreements (NDAs) in cases of sexual harassment. It argues that such agreements “sweep sexual harassment under the carpet” and should only be used at the victim’s request.

The EHRC’s report “Turning Tables: ending sexual harassment at work “ also calls for the time limit to bring a sexual harassment tribunal claim should be extended to six months, reflecting the time taken by many individuals to raise complaints.

The report recommends a new positive legal duty on employers to take effective steps to prevent harassment or victimisation in the workplace, producing a statutory code of practice with a possible 25% uplift in compensation when the code is breached; the strengthening of protection for those harassed by customers and clients; developing targeted training for managers and staff; and the collection of data by the government every three years to determine the prevalence and nature of sexual harassment, as the basis for a national action plan.