Professor Richard Moorhead gives evidence on use of NDAs in discrimination cases

Professor Richard Moorhead, Chair of Law and Professional Ethics at UCL Laws and specialist adviser to the Women and Equalities Select Committee, has appeared before the Select Committee on NDAs to give evidence on how NDAs are used in cases where any form of harassment or other discrimination is alleged.

The inquiry follows on from the Women and Equalities Committee’s inquiry into sexual harassment in the workplace.

Professor Moorhead argued that some NDAs are likely to prevent employees from engaging with criminal or other legal investigations – and if drafted intentionally, this is potentially criminal. Firms and lawyers using such agreements can be prosecuted, and the lawyer can also be prosecuted for professional misconduct.

Professor Moorhead also made the point that the Government’s consultation on NDAs is very limited, and as a minimum, the issues with whistleblowing legislation need to be looked at thoroughly.

You can view a recording of the session on Parliamentlive.tv now.

Professor Moorhead has also recently commented on proposed government legislation which aims to ensure that signatories of NDAs are not prevented from reporting crimes, harassment or discrimination to the police. Read the article in full on the Legal Business website.

Find out more

• Watch a recording of the session
• Twitter thread on Professor Moorhead’s main points before the Committee
• ‘Calls for a ‘radical overhaul’ of NDAs as #MeToo saga prompts UK gagging order law reform’ – Legal Business
• ‘Lawyers drawing up NDAs could be breaking the law, MPs told’ - The Law Society Gazette
• ‘UCL law professor: Lawyers who draft dodgy non-disclosure clauses could be perverting the course of justice’ - Legal Cheek
• 'Regulators urged to shore up NDA guidance' - Solicitors Journal
• 'Legal regulators dragging their heels on NDA response' - International Bar Association