UCL Faculty of Laws


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

8 March 2019

On 6th March, Professor Moorhead gave evidence to the Women and Equalities Committee on the use of non-disclosure agreements in discrimination cases.

Professor Richard Moorhead

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.

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