Government's proposals on NDAs welcome but further work needed to protect against 'culture of misogyny' in the music industry, WEC warns

11 September 2025 - Press release

 

Proposals on non-disclosure agreements (NDAs), while welcome, 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. It cautioned that the Equality Act 2010’s protections for employees and contract workers do not clearly extend to freelancers or those working under informal arrangements, such as “depping” (substituting for another musician).  WEC called on the Government to ensure that freelancers are covered by protections against harassment and abuse.

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.

The response states: “The Government acknowledges that non-disclosure agreements (“NDAs”) have their legitimate purposes, for example to protect intellectual property or financial information. However, they should never be used to take unfair advantage of workers, who may be in vulnerable or insecure positions, to cover up workplace misconduct.

“Unfortunately, evidence from a range of high-profile cases in the UK and overseas, as well as several parliamentary inquiries, including both Misogyny in Music reports by the Committee, has shown that some employers have been doing just this. Some employers can exploit the inherent imbalance of power to get NDAs signed, fostering a culture of silence and impunity. NDAs can also have negative impacts on workers, especially when they are prevented from discussing their experiences with others”.

However, it is understood that the Government’s proposals do not automatically extend to everyone who works in the music industry. People in some of the most vulnerable positions such as those without a contract, for example depping musicians, artists auditioning for work or bidding for a record deal could potentially miss out on vital protections. 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. A clear need for which is laid bare by repeated reports of female musicians having to return to work very soon after childbirth.

The Government’s response states: “we do acknowledge the challenges that the self-employed parents and those in more precarious forms of employment face and we have noted the concerns the report has raised around women on maternity leave in the music industry and the ability to undertake freelance work.

“Government is committed to making life better for families and in the Plan to Make Work Pay it promised to review the parental leave system. On 1 July, we announced the launch of the Parental Leave and Pay Review. The review presents a much-needed opportunity to consider our approach to the system of parental leave and pay, with all current and upcoming parental leave and pay entitlements in scope of the review.”

Chair of the Women and Equalities Committee and Labour MP Sarah Owensaid: “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.”