When Keir Starmer told the TUC in 2021 that Labour would deliver a new deal for working people, he made a promise that became central to our manifesto and is now on the cusp of delivery, as today MPs will vote on the final stages of the Employment Rights Bill.
He said then that it would transform working life in Britain and make it the best place to work. He was absolutely right. Too many people in this country work in insecure employment, facing stress and anxiety day and night. A reliable job is the difference between surviving and living.
One of Labour’s greatest legacies
This legislation has faced attack from Opposition parties in the Commons, some employers, and delaying tactics in the Lords from Tory and Liberal Democrat Peers.
This is a moment of truth. Fulfilling this commitment could be one of Labour’s greatest legacies.
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This is more than just an election promise or a piece of public policy – it’s a moral imperative for Labour. Over successive Tory governments, millions of workers faced insecurity, exploitation, and injustice at work. We have a once in a lifetime opportunity to rectify this.
This of course was one of Angela Rayner’s great legacies from her time in government and it is essential it is protected. Not only did she deliver on the significant promises she made before the election, she enhanced them.
Since returning to the backbenches I’ve been working with the incomparable Zelda Perkins, a former assistant to Harvey Weinstein who kickstarted the #MeToo movement when she broke her own NDA.
Since then, she’s been campaigning to abolish NDAs when they relate to allegations of harassment or discrimination. She’s had incredible success in the US, Canada and Ireland but for years the UK has lagged behind.
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Far from a fringe issue, polling by Organise earlier this year found that 29% of workers had signed an NDA to stay quiet about abuse, harassment or discrimination at work, while around a quarter said they knew someone who had. A majority of the public believe employers should not be allowed to use NDAs to cover up misconduct.
It took a Labour Government and the personal support of Angela Rayner and the former Employment Minister Justin Madders to tackle this issue. When we vote on this Bill today it will set the UK up to lead the world with the most comprehensive legislation on the issue. Not only will it ban NDAs that relate to harassment or discrimination of victims, but they will also be void for witnesses as well.
It is hard to overstate the impact this will have. For victims, it will mean they can speak out, seek justice, and rebuild their lives without the fear of legal reprisal. The current situation can stop victims talking to their friends and family about the most appalling circumstances. I have seen examples of NDAs where victims of rape have been banned from disclosing it even to medical professionals. This silencing prevents victims from recovering and retraumatises them.
But beyond the millions of people who will be impacted, the culture change that this simple ban will bring about will be the truly transformational effect of this law. They will no longer be able to bury their problems, but will have to tackle misconduct, change toxic cultures, and create safer workplaces. Instead of brushing wrongdoing under the carpet, employers will be forced to confront it — strengthening workplaces and our economy.
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Every sector in our economy abuses NDAs, from charities to media organisations – even trade unions – and their use and misuse has allowed these organisations to perpetuate wrongdoing on their staff with no accountability for either the abuser or the organisation itself.
We must stand up for what is right
We must stand up for what is right, not be buffeted by events. This is our chance to prove we stand with working people against vested interests.
So, today, when the Bill returns to the Commons, we must make good on our word and deliver the workers’ rights package that we promised before the election: full rights from day one; banning exploitative zero hours contracts; and ending the use of NDAs in cases of harassment and discrimination once and for all. We must stand up for workers – caving is not an option.
I said last week that I wanted the freedom to be a campaigning backbencher, speaking out on the issues that I believe matter to my constituents and to millions of working people in this country. This is one of them. We will not be forgiven if we don’t start keeping our promises.
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