The Women and Equalities Committee (WEC) has issued a caution that while the Government’s proposed changes to non-disclosure agreements (NDAs) in the Employment Rights Bill are welcome, they do not do enough to protect women in the music industry, especially those in freelance work.
Following its June report Misogyny in Music: On Repeat, WEC had called for NDAs to be prohibited in cases involving sexual misconduct, bullying, or discrimination. It also highlighted that current legal provisions under the Equality Act 2010 do not clearly protect freelancers or musicians working under informal arrangements, such as “depping.”
As a result, the Government has proposed Clause 24, which would render unenforceable any contract or settlement clause that prevents a worker from speaking out about harassment or discrimination.
In doing so, the Government noted that while NDAs have legitimate uses, such as protecting intellectual property, they should never be used to silence vulnerable workers. WEC Chair Sarah Owen MP commented:
“NDAs are frequently used to silence victims of harassment and abuse, often under coercive circumstances… 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.”
The Committee also emphasised the urgent need for better maternity support for freelance musicians, many of whom face pressure to return to work shortly after childbirth. The Government has launched a Parental Leave and Pay Review as promised in its Plan to Make Work Pay, but WEC has called for stronger, clearer protections.
At Black Lives in Music, we stand in firm support of WEC’s recommendations. While we welcome the Government’s initial steps in curtailing the misuse of NDAs, the current proposals do not go far enough.
BLiM have contributed to parliamentary discussions, providing evidence and raising the voices of Black and global majority creatives. Now, we reiterate the need to extend these protections to freelancers, informal workers, and those previously silenced, ensuring everyone in the music industry is protected.