Emma Darlow Stearn coproduces podcast episode on reform of the law on NDAs

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Cloisters' barrister Emma Darlow Stearn has coproduced a podcast episode for Law Pod UK with 1 Crown Office Row called, Breaking the Silence: Clause 22A and reforming the law on NDAs.

In this episode, Lucy McCann (1COR) is joined by Zelda Perkins, CEO of Can’t Buy My Silence UK and former PA to Harvey Weinstein, who broke her NDA and has since campaigned against the use of NDAs to silence workers speaking out against abuse, and Emma Darlow Stearn, who specialises in employment and discrimination law and, in her previous role as Senior Legal Adviser for whistleblowing charity Protect, collaborated with Zelda to make the law on NDAs more accessible. 

Zelda shares her personal story about the signing and breaking of her NDA, which had prevented her speaking up about Harvey Weinstein’s behaviour, and discusses her campaign Can’t Buy My Silence UK, which has in large part led to amendments to the Employment Rights Bill (via Clause 22A) that will ban employers from using NDAs in cases of harassment and discrimination. 

Emma outlines the existing law on confidentiality and non-disparagement clauses and key concerns regarding settlement in the employment and discrimination law context, before discussing with Zelda the nature and possible impact of the amendments, which, since the time of recording, have been approved by the House of Commons and are due to become law in Autumn 2025 as s.202A Employment Rights Act 1996. 

Ideal listening for anyone interested in NDAs, employment and discrimination law, settlement and/or the #MeToo movement, the podcast is available on Apple Podcasts, Spotify and wherever you normally get your podcasts.