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NDAs in sexual misconduct cases – protection or pitfall?

Call to ban NDAs in the music industry sparks debate about wider implications

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The Women and Equalities Committee (WEC) is calling for a ban on non-disclosure agreements (NDAs) in cases of sexual misconduct, bullying, or discrimination — a move aimed squarely at addressing deeply rooted misogyny in the UK’s music industry. However, employment law experts are cautioning against unintended consequences of such a blanket ban.

 

David Greenhalgh, employment partner at Excello Law, warns that while the intent is to support victims, an outright prohibition on NDAs could actually backfire.

 

“Many employers are unlikely to agree to a settlement without an NDA, meaning affected individuals may be left with the difficult choice of either dropping the matter or pursuing a lengthy tribunal process,” says Greenhalgh. “Given the backlog, that could take more than a year.”


Rather than eliminating NDAs, Greenhalgh advocates for broader cultural reform. “The focus should be on increasing female representation in senior roles and embedding zero-tolerance workplace cultures, especially in sectors like music where misogyny has been historically pervasive.”

 

While the Government is unlikely to enact an immediate ban due to a crowded legislative agenda, the conversation around how NDAs are used — and misused — continues to grow in urgency across all creative industries.

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