Published by Emeritus Prof Christopher May

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Emeritus Prof Christopher May's Post

Interestingly, Labour are considering banning (or at least limiting) the use of Non Disclosure Agreements in employment cases (especially where they are used to cover up sexual abuse/misconduct at work).

Given their quite widespread use across the university sector to try to maintain the impression of high education as a safe space for female workers, this may lead to some interesting (negative) issues emerging from the shadows at universities.


theguardian.com/law/2025/jan/1


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h4890

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@ChrisMayLA6 NDA were never meant to cover up sexual abuse since that is entirely non-related to any sane business, so I see that case as obvious and completely non-controversial.

I would also argue that any crime committed or witnessed should also not be covered by the NDA.

But the interesting question is... in a libertarian world... would I see my freedom of speech and how much would it cost?

And would I, as a business owner, even want to bother with those extreme cases?


@h4890

Yes, although its illegal for criminal acts to be subject to NDAs, at least in the university sector, NDAs have been used to cover up actions that if investigated properly with the victims might have resulted in prosecution.... however, for the most part the effected workers/staff have been paid off (and in some cases provided different jobs in the same university)....

by Emeritus Prof Christopher May ;

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Ian Turton

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@ChrisMayLA6 can't come soon enough


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Ducky Fella

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@ChrisMayLA6 @ianturton How was this allowed to begin with?


@duckyfella @ianturton

Well, the answer is linked to contract law, and the obscuring on the issue of NDAs being unactionable for illegal acts....

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NatalyaD

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@ChrisMayLA6 I'd ban them for discrimination too, cos universities widely use it to shut people down and the power imbalance stinks.

I have 1 NDA I've not 100% kept cos it was really breaking my sanity and I'm past caring.

I have since refused 2 NDAs in discrim cases against 2 other universities. NDA is a hard no for me, it's too psychologically damaging and yes I did hurl citations at the relevant entities. They did not like it, but I got some degree of compromise both times.


@NatalyaD

Glad to hear you got some satisfaction.... I know too many people who were put through the ringer, though

by Emeritus Prof Christopher May ;

@ChrisMayLA6 I have also pointed at a lot of the stuff for NDAs when challenging them saying this applies very similarly and that it isn't me being "legally unreasonable" (lawyers rarely grok it) but knowing I won't keep to it, so shouldn't sign up to it.

Universities were cited as specifically nasty litigants in a review of disability discrimination cases in about 2007 before DRC became the useless EHRC.

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Lazarou Monkey Terror 🚀💙🌈

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@ChrisMayLA6 this is a good idea they should be talking about more.


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