“Muzzles for workers”

Unite delegates called for an end to the misuse of Non-Disclosure Agreements (NDAs) to silence workers on Tuesday (July 8).

The motion on NDAs was particularly timely, after Unite published a shocking survey of thousands of its members, the significant proportion of whom have reported being sexually harassed at work. NDAs are often used to silence workers who have suffered workplace sexual harassment or assault.

Unite delegate Caroline Baikie of the West Midlands moved a motion on the subject, noting that NDAs were not “in their conception, instruments of oppression”.

“In their proper context, they are legitimate and sometimes necessary tools designed to protect sensitive business information such as trade secrets or intellectual property,” she noted.

But over the years NDAs are often now used to “silence victims” and “perpetuate abuse”, and have turned into “muzzles for workers”, Caroline went on to say.

They create a climate of fear and are a fundamental attack on solidarity, she added.

Caroline argued that settlement agreements – although different from NDAs – similarly work to silence workers. She called on conference delegates to consider how they’re used in workplaces and “push back on employers when they try and force members to sign them, giving money in return for their silence”.

Unite delegate Ian Bestwick of the East Midlands region seconded the motion, noting his own employer uses NDAs, “sometimes for good, and sometimes for bad”.

He said they weren’t “inherently bad”, but too often they were focused on letting bosses off the hook, and they’re used to stifle union reps and whistleblowers in particular.

Unite delegate Sharza Dethick moved an amendment to the motion, calling on Unite to limit its own use of NDAs.

Unite legal director Stephen Pinder intervened in the debate to clarify Unite’s use of NDAs, which he said are used exclusively to protect members’ personal data. He said that Unite welcomed both the motion and the amendment.

“Unite does not use NDAs to cover wrongdoing, bullying or sexual harassment or anything of that kind,” he said.

Stephen noted that under the previous leadership, Unite spent significant sums on settlement agreements with NDA clauses – in some years in excess of £600k – which has now reduced to £30k. He said when NDA clauses have been used, it is often a request from the employee themselves so that their privacy is protected. Stephen added they have never been used to gag staff.

Unite delegate Andrena Dick of Scotland was among several delegates who weighed in on the discussion, noting, “Employers have to be held accountable. When people sign non-disclosures, employers just think they don’t have to do anything after that. They think because it’s swept under the carpet and nobody’s allowed to say anything, it’s okay for them to do nothing.”

Andrena highlighted over the last decade the use of NDAs in her local authority has been “toxic”. She warned that the overuse of them by employers – and the money they spend on them – could lead to job cuts, especially of low-paid roles.

The motion and amendment were overwhelmingly carried.

By Hajera Blagg

Photos by Mark Thomas