Member

While these amendments seek to restrict the use of NDAs, they cover different types of misconduct and employment statuses with varying caveats. As tabled, they highlight the complexity of the policy area and the different approaches that this Government could take to address the misuse of NDAs. The amendments proposed would be wide-reaching changes with significant impact on businesses, which should be consulted. Stakeholders have called for a careful and considered approach to be taken, as NDAs attract different views and opinions. We have heard calls from some organisations to ban NDAs in specific circumstances, while others have advocated for victims to have a greater say in when they can be legitimately used. We have also heard warnings of the unintended consequences for those who are looking to settle and would like to avoid the stress of taking a claim to an employment tribunal. There are also different models and approaches to NDAs where there could be important learning.