TOO many women have been silenced by employers using non-disclosure agreements (NDAs), the TUC warned today as the government opened a consultation as part of the Employment Rights Act.

The measure aims to prevent the misuse of NDAs in cases of workplace harassment and discrimination.

The consultation will consider the conditions needed for an NDA to remain valid in such cases, for example, if an employee requests the NDA or has received independent advice on its contents.

It also seeks to understand who workers can speak to about the harassment and discrimination if covered by such excepted agreements, such as a qualified lawyer or medical professional.

The government is also looking into whether to expand the ban to self-employed individuals.

An NDA ban is already in place in universities.

Campaign group Can’t Buy My Silence found that NDAs often disproportionately affected women and low-income workers.

TUC general secretary Paul Nowak said: “Too many women have been silenced by rogue employers using NDAs. It’s plain wrong.

“Those reporting sexual harassment, bullying or discrimination should feel they are able to do so without fear of repercussions.

“That’s why it’s welcome that the government is consulting on how to tackle this and ensure a culture of transparency and accountability.

“Women must have their voices heard and bad bosses must not be allowed to shirk responsibility for tackling and eradicating sexual harassment, discrimination and bullying at work.”

Can’t Buy My Silence co-founder Zelda Perkins called the consultation a “decisive moment in the fight to end the silencing of victims.”

“This is the chance to create world-leading protections and finally stop the misuse of confidentiality agreements to hide wrongdoing,” she said.