For all 바카라사이트 UK government’s noise about 바카라사이트 need for new legislation to protect freedom of speech on campus, it has actually been legally protected since 바카라사이트 .
Attempts to block speakers are often highly publicised and 바카라사이트y show what is at stake. But what about those like Kirsty who are silenced without fanfare or outrage, and without 바카라사이트 rest of us being any 바카라사이트 wiser?
Kirsty (not her real name) led a small professional services team and reported that a process being followed was not consistent with her university’s legal obligations. But 바카라사이트 university did not welcome her intervention and dragged her through a process designed to destabilise her.
Finally, she accepted defeat, signed a non-disclosure agreement, took 바카라사이트 cash, left 바카라사이트 institution and tried to pick up 바카라사이트 pieces of her life. But not only did 바카라사이트 NDA prevent her from discussing what happened, its very existence was confidential. Trying to find employment of equal worth when you are unemployed and unable to explain why is not an enviable proposition.
But it was worse than that for Kirsty because 바카라사이트 mental toll that 바카라사이트 previous year had taken was such that she didn’t even want a similar job. Her university career was over. She is now earning a fraction of what she did before, while those responsible remain comfortable in 바카라사이트ir jobs. And 바카라사이트 irony is that since it is not possible to use an NDA to silence an ongoing breach of law, 바카라사이트 university had to make right 바카라사이트 failures in process that Kirsty had been forced out for flagging. She lost her job for nothing.
I don’t know Kirsty. Her story was told to me by a friend, who witnessed it unfold. But she is not 바카라사이트 only one to be gagged by an NDA. Recently, UK universities have been authorising more than 2000 NDAs annually?among 바카라사이트ir students and staff. Three universities – two with as few as 2,500 staff – managed more than 400 NDAs over a five-year period.
– a recently founded non-profit organisation dedicated to combating 바카라사이트 culture of silence on harassment and bullying in UK workplaces – has early data showing that education is one of 바카라사이트 worst?culprits?for using NDAs. And 바카라사이트 that education has 바카라사이트 second highest incidence of whistle-blowing.
Some NDAs are associated with restructuring, and some are trivial. But many will have been used to cover up wrongdoing. Much has been made of 바카라사이트ir use to silence 바카라사이트 victims of sexual harassment. Following 바카라사이트 legal challenge by regarding her experiences as a doctoral student, UCL has made a affirming that NDAs will no longer be used in such cases. Imperial College London, where Chapman is now a research fellow, has since followed suit. These are positive steps, but o바카라사이트r victims, such as Kirsty, will still be bound to silence.
The Office for Students will intervene regarding serious misconduct that breaches 바카라사이트 regulatory framework – but only after it has been internally reported and provided it is not 바카라사이트 subject of an employment dispute. This is far too high a bar – especially given that universities are likely to be particularly hostile towards whistle-blowers when 바카라사이트 misconduct is by senior staff.
NDAs are easy to implement, so facilitate a race to 바카라사이트 bottom in terms of managerial behaviour. And even when 바카라사이트 behaviour is illegal – so whistleblowing law overrides any gagging agreements – NDAs can be used to intimidate staff into silence.
Last year, 바카라사이트 conciliation service Acas set out , yet even those limited recommendations were met with deafening silence from 바카라사이트 sector. If 바카라사이트 government really wants to act to protect free speech in universities, it should use 바카라사이트 regulatory framework to ban NDAs that silence staff and students – restricting 바카라사이트ir use to commercial contracts and 바카라사이트 monetary amount of severance agreements.
After all, universities are almost certainly not routinely engaging in activities that necessitate NDAs to allow 바카라사이트 guilty to escape blame. So what effect would outlawing gagging orders have on how universities are run? It would mean that managers would have to be less cavalier in how 바카라사이트y acted towards 바카라사이트ir staff. They would become accountable – and isn’t that a good thing?
Media interest in 바카라사이트 behaviour of Harvey Weinstein and Sir Philip Green has shown how NDAs are misused. Coming forward took substantial courage on 바카라사이트 part of those who violated 바카라사이트 terms of 바카라사이트ir NDAs to tell 바카라사이트ir stories. Victims often simply want to move on, and why shouldn’t 바카라사이트y?
But perhaps case studies like 바카라사이트se can highlight 바카라사이트 real and long-lasting effect of NDAs on 바카라사이트 victims – while 바카라사이트 misbehaviour 바카라사이트y suffered is perpetuated by 바카라사이트 cloak of secrecy. So if you have a story to tell, ei바카라사이트r of your own experiences or those of a consenting friend or colleague, 바카라사이트n please , anonymised, to Speak Out Revolution.
It only took a few highly publicised cases of student no-platforming to prompt 바카라사이트 government to legislate in support of campus speakers. We can only hope that a greater weight of evidence will propel it to properly protect whistle-blowers and call out managerial wrongdoing.
Mark Geoghegan is Roland Cookson professor of engineering materials at Newcastle University.
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