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Proposals on non-disclosure agreements (NDAs) need to be strengthened to better protect women in the music industry, the Women and Equalities Committee (WEC) has warned following the government’s response to its report.
In its June report Misogyny In Music: On Repeat, WEC called on Ministers to act to ban NDAs in cases involving sexual misconduct, bullying, or discrimination, or risk perpetuating the “culture of misogyny and discrimination” facing women in the music industry.
WEC’s report also underlined the inadequacy of current legal protections for freelance musicians, who make up the majority of the industry’s workforce.
In its response, the government said: “The government remains firmly committed to addressing misogyny in the music industry and is carefully considering the recommendations to strengthen support for women working in this field.”
The government has tabled an amendment to the Employment Rights Bill to address the misuse of NDAs. Clause 24 will void any provision in any agreement, such as a contract of employment or settlement agreement, between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination.
According to the WEC, the government’s proposals do not automatically extend to everyone who works in the music industry, such as those without a contract and artists auditioning for work.
The proposals do allow for regulations to extend the protections, but these have yet to be set out.
WEC also argued for greater maternity support for freelancers, with repeated reports of female musicians having to return to work very soon after childbirth.
On July 1, the government announced the launch of the Parental Leave and Pay Review.
NDAs are frequently used to silence victims of harassment and abuse, often under coercive circumstances
Sarah Owen
Sarah Owen (pictured), chair of the Women and Equalities Committee and Labour MP, said: “The misuse of non-disclosure agreements (NDAs) is a major concern. 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.
“While the amendment covers the full range of harassment and discrimination against workers, it is not retrospective, so will not 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 Secretary of State will have powers to extend the protections to other categories of working people – it is essential that he does so and as a priority, to ensure all people working in the sector are protected from the harms NDAs can cause and give abusers no place to hide.
“Both the Committee’s Misogyny In Music June report and its predecessor’s 2024 report contain strong recommendations to guard against such issues which regrettably remain on repeat. WEC will keep up the pressure on government to ensure that all those working in the music industry and beyond benefit from vital protections against harassment and abuse.”
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