The government must ensure non-disclosure agreement (NDA) reforms protect those in the “most vulnerable positions” in the music industry, the Women and Equalities Committee (WEC) has warned.
The 11 MPs making up the cross-party group have welcomed an announcement made earlier this summer to update how the controversial legal contracts operate – but they say the proposed changes “do not yet confer the totality of protections both WEC and the music industry are seeking”.
The warning comes after the government committed to including a ban on any gagging orders intended to “silence” employees on abuse and harassment in the Labour Party’s Employment Rights Bill.
Announcing the pledge in July, then Deputy Prime Minister Angela Rayner said: “We have heard the calls from victims of harassment and discrimination to end the misuse of NDAs.
“It is time we stamped this practice out – and this government is taking action to make that happen.
“The Employment Rights Bill will ban any NDA used for this purpose, so that no one is forced to suffer in silence.”
WEC voices fears for freelancers
Shortly before the government waded into the discussion around NDAs, the WEC had released its report on misogyny in the music industry. The committee had called specifically for ministers to “act now” on NDAs, which researchers found underpinned a significant proportion of abuse and harassment within the sector.
The confidentiality agreements had gained a greater standing in the public eye as a result of the #MeToo movement, with figures such as former Harvey Weinstein assistant Zelda Perkins campaigning for their better regulation.
Speaking to Arts Professional in July, Perkins had expressed faith in the government’s understanding that any reform to NDA usage must “absolutely cover people who don’t have formal employment contracts”.
But a statement from the WEC suggests that its MPs, including Independent MP Rosie Duffield, Labour’s Natalie Fleet, and Liberal Democrat Christine Jardine, worry not enough is being done to enshrine freelancers’ interests in the bill.
“People in some of the most vulnerable positions such as those without a contract, for example depping musicians, artists auditioning for work or bidding for a record deal could potentially miss out on vital protections,” a release from the committee warns.
“The proposals do allow for regulations to extend the protections, but these have yet to be set out.”
Chair of the WEC, Labour MP Sarah Owen, said the group intended to “keep up the pressure” on the government to “ensure that all those working in the music industry and beyond benefit from vital protections against harassment and abuse”.
“The misuse of non-disclosure agreements (NDAs) is a major concern,” Owen said.
“NDAs are frequently used to silence victims of harassment and abuse, often under coercive circumstances. Our report presented evidence of the psychological toll these agreements take and the power imbalances that make them particularly harmful in the music industry.
“The committee welcomes the steps the government is taking to tackle NDAs, but the proposed changes do not yet confer the totality of protections both WEC and the music industry are seeking.”
Owen alleged that proposed NDA reforms are “not retrospective” and will therefore fail to “help those with existing NDAs”.
“It also does not automatically extend to people without ‘worker’ status, with musicians not covered unless they fit that legal definition – which does not match the nature of much of the work in the industry,” the MP said.
Calling on leaders to “extend the protections to other categories of working people”, Owens said it was time to make sure abusers had “no place to hide”.
Source: NDA reforms must do more to protect music sector freelancers, Commons committee warns –
