Campaigners against the misuse of non-disclosure agreements say a ban in universities should act as a springboard for wider change.

The government finally confirmed this week that it would implement the Higher Education (Freedom of Speech) Act 2023 after initially pausing the final stage following the general election.

The legislation included a complete ban on the use of non-disclosure agreements drawn up to silence victims of bullying, harassment or sexual misconduct on campus. This will be upheld by the regulatory body Office for Students.

The ban applies retroactively, meaning existing NDAs relating to harassment or bullying are void and unenforceable.

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The act was passed by the previous Conservative government and also includes provision for fining universities that fail to uphold freedom of speech. That element was controversial because it initially gave students, staff and visiting speakers the right to seek compensation if they suffered from a breach of university’s free-speech obligation.

That right has been removed by Labour in its revamped version of the legislation, along with the removal of a proposed direct responsibility on student unions under the law.

But the NDA provisions remain unchanged – delighting those fighting for tighter controls of legal agreements designed to hide serious misconduct.

Zelda Perkins, co-founder of Can’t Buy My Silence, said the ban on NDAs in universities is a landmark decision that places Britain as a world leader in preventing their misuse. ‘We’re delighted Labour has acted to protect students, staff, and visiting speakers within English universities from abusive non-disclosure agreements,’ said Perkins. ‘Survivors across higher education have campaigned hard to win protection from being gagged when speaking out about misconduct.’

Perkins added it was now ‘essential’ for the business secretary to echo these provisions in the Employment Rights Bill and provide all British workers with the same level of protection from harmful NDAs.

When the act was first introduced under Boris Johnson’s administration, the government cited a BBC News investigation which had found that nearly a third of universities had used NDAs to resolve student complaints. This amounted to more than 300 agreements, although the true figure was expected to be higher.

Former education minister Michelle Donelan said victims of sexual harassment were being ‘bought or bullied into silence’ to protect the reputation of universities, and called the improper use of NDAs a ‘shabby practice’ that needed to be stamped out.

During committee stage of the Employment Rights Bill, Liberal Democrat MP Layla Moran proposed an amendment to render void any non-disclosure agreement which involved allegations of harassment, including sexual harassment.

This amendment was withdrawn, but there is scope for a similar measure to be introduced when the bill moves to report stage and then third reading.