Maria Miller, MP for Basingstoke, has tabled an amendment to the Victims and Prisoners Bill which would expand the definition of ‘victim’ to include people who have signed NDAs which were designed to cover up misconduct.
Maria said, ‘NDAs, when used nefariously to cover up sexual harassment or bullying or any other such misconduct, can be highly damaging to the person asked to sign. People feel they have no other option but to sign – and they leave their jobs with misconduct hidden, unable to speak about their experiences to friends or family, and in the most extreme of cases even to mental health professionals. This is wrong, and these people deserve to be recognised as victims of an unfair process. NDAs have their place to protect trade secrets and intellectual property. Beyond that, they are wholly inappropriate.’
This amendment comes as NDAs become increasingly common practice in contracts and dispute settlements.
Maria is working to ban NDAs for any purpose other than trade secrets and intellectual property protection, but recognising people put in this position as victims is an important first step.
Maria was central to the Department for Education’s ‘Universities Pledge’, working closely with then-Higher Education Minister Michelle Donelan to encourage universities to sign up to the voluntary pledge agreeing not to use NDAs against students and staff who come forward to report abuse. The Government later supported an amendment to bring this into law, showing that NDA bans are possible and could be extended to all workplaces.
Maria continues to work with the Government on this issue and to advocate for those who have felt pressed into signing NDAs that cover up wrongdoing.