228: Breaking the silence: clause 22A and reforming the law on NDAs

In this episode, Lucy McCann is joined by Zelda Perkins, CEO of Can’t Buy My Silence UK and former PA to Harvey Weinstein, who broke her NDA and has since campaigned against the use of NDAs to silence workers speaking out against abuse, and Emma Darlow Stearn, a barrister practising from Cloisters Chambers, who specialises in employment and discrimination law and, in her previous role as Senior Legal Adviser for whistleblowing charity Protect, collaborated with Zelda to make the law on NDAs more accessible.

Zelda shares her personal story about the signing and breaking of her NDA, which had prevented her speaking up about Harvey Weinstein’s behaviour, and about her campaign Can’t Buy My Silence UK which has in large part led to amendments to the Employment Rights Bill (under Clause 22A) that will ban employers from using NDAs in cases of harassment and discrimination. Zelda and Emma discuss the nature and possible impact of those amendments which, since the time of recording, have been approved by the House of Commons and are due to become law in Autumn 2025 as s.202A Employment Rights Act 1996.

Law Pod UK is published by 1 Crown Office Row. This episode was co-produced by 1 Crown Office Row and Emma Darlow Stearn. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.