After Walliams allegations, UK ministers look at quick ways to limit NDAs used to cover up harassment
Ministers in the United Kingdom are looking at ways to change the law quickly to expand protections that stop non-disclosure agreements being used to cover up harassment or discrimination, in the wake of the allegations about David Walliams.
An investigation by the Guardian and ITV News said Walliams used his power and status to prey on young women for sex, and there have since been reports that NDAs were used by an employer to silence at least one woman connected to him.
Walliams, one of Britain's best-known television personalities and a top-selling children's author, denies any wrongdoing.
One possible change involves extending measures that mean an NDA cannot be used to silence an employee so that they also apply to others, such as freelancers or volunteers. The Employment Rights Act bars NDAs being used to stop employees disclosing possible harassment or discrimination, and a recent government consultation looked at extending this protection more widely.
Such moves are expected to be speeded up after a planned meeting next week between Lisa Nandy, the culture secretary, and representatives from TV and film, both of which rely heavily on freelance or contract staff, as well as publishing and sport, to discuss possible new protections.
One government official said they were very much in the space of looking at areas that could be changed quickly and without legislation if there are loopholes. Extending these protections beyond employees is definitely the sort of thing being looked at, the official said, while noting it is still early.
Under other existing legislation, NDAs cannot be used to stop victims or witnesses of crime from giving information to certain specified bodies, for example police or regulators. Another possible change could extend this protection so that people could speak about crimes to anyone, including the media.
Campaigners had already been pushing for greater safeguards against NDAs before the allegations about Walliams. Zelda Perkins, a former PA to Harvey Weinstein who broke an NDA that barred her discussing the now-jailed Hollywood producer's predatory behaviour and has since become a leading campaigner against their misuse, said she hoped the government department concerned would be galvanised by the Walliams allegations.
Perkins said extending protections over harassment and discrimination beyond employees is absolutely key, and this is something where pressure needs to be kept up. The last couple of weeks have really highlighted the issues around this, she said.
Answering questions on Wednesday in the Commons, Nandy agreed with a Conservative question about the need to stop NDAs being abused, saying they were central to the problem of enforced silence. She said she is working closely with colleagues at the Ministry of Justice, has discussed the issue with them over recent days, and that it will be part of the conversation with the creative industries at next week's roundtable.


