Section 202A: Contractual duties of confidentiality relating to harassment and discrimination, Employment Rights Act 1996

Any provision in an agreement between an employer and a worker of the employer (whether a worker's contract or not) is void in so far as it purports to preclude the worker from making—

an allegation of, or a disclosure of information relating to, relevant harassment or discrimination, or

an allegation, or a disclosure of information, relating to the response of an employer of the worker to—

relevant harassment or discrimination, or

the making of an allegation or disclosure within paragraph (a).

Harassment or discrimination is "relevant" for the purposes of subsection (1) if—

the harassment or discrimination consists of, or is alleged to consist of, conduct engaged in by—

an employer of the worker, or

another worker of such an employer, or

the person who is, or is alleged to be, the victim of the harassment or discrimination is—

the worker, or

another worker of an employer of the worker.

Subsection (1) does not apply to provision in an agreement (an "excepted agreement") that satisfies such conditions as the Secretary of State may specify by regulations.

But the Secretary of State may by regulations provide that any provision in an excepted agreement is void in so far as it purports to preclude the worker from making an allegation or disclosure within subsection (1)(a) or (b)—

to a specified description of person;

for a specified purpose;

in specified circumstances.

The Secretary of State may by regulations—

provide for this section to have effect as if references to a worker included a specified description of individual who is not a worker as defined by section 230(3) but who—

works or worked, or is or was provided with work experience or training, in specified circumstances, or

has entered into, or works or worked under, a relevant contract of a specified description;

make provision as to who is to be regarded as an employer of such an individual for the purposes of this section.

In subsection (5), "relevant contract" means any contract, other than a contract of employment, whether express or implied and (if express) whether oral or in writing, by which an individual undertakes to do or perform (whether personally or otherwise) any work or services for another party to the contract whose status is by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual.

Regulations under this section may—

make different provision for different purposes;

make consequential provision.

Nothing in this section affects the operation of any other enactment or rule of law by virtue of which provision in an agreement may be void.

In this section—

"discrimination" means discrimination within any of sections 13, 15 to 19A and 21(2) of the Equality Act 2010;
"harassment" means harassment of the kind described in subsection (1), (2) or (3) of section 26 of that Act;
"specified" means specified in the regulations.

Section 202A: Contractual duties of confidentiality relating to harassment and discrimination

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