Using gagging orders to to keep harassment, discrimination and sexual assault claims quiet is an 'outrage', universities minister warns

The use of NDAs to hide details of unfair practices risks ruining the reputation of the British higher education system, Chris Skidmore to warn

The report says 12.3 per cent of the most disadvantaged pupils in England access full-time higher education at the age of 19 (Getty)

Universities must stop spending money on “gagging orders” to keep harassment, discrimination and sexual assault claims quiet, the universities minister will warn.

The use of so-called non-disclosure agreements (NDAs) by universities to silence staff is an "outrage" and risks the reputation of higher education in the country, Chris Skidmore said.

It came after a BBC investigation revealed that universities have spent £87m on pay-offs with ”gagging orders” to keep allegations of bullying, harassment or sexual misconduct quiet over the past two years.

In a speech on Tuesday, Mr Skidmore will tell higher education institutions that NDAs should only be used in appropriate circumstances like protecting valuable research findings.

Speaking at the London School of Economics, he will say: “Our universities are prestigious, world-leading institutions and considered the speakers of truth and bastions of free speech – and yet there have been reports that allegations of harassment, discrimination and sexual assault have been suppressed by some of them.

“Non-disclosure agreements exist for many purposes – such as protecting valuable research findings should a staff member change jobs.

“But in no circumstances should they be used by universities to ‘gag’ staff after experiencing poor behaviour in the workplace, including bullying, discrimination or sexual misconduct.

“Let me be clear that any use of this sort of agreement to silence people or hide details of unfair practices is an outrage and risks bringing the reputation of our world-leading higher education system into disrepute."

Mr Skidmore called on universities to wake up to "real threat" it poses to the reputation of the sector.

A Universities UK (UUK) spokesperson said: “Universities use non-disclosure agreements for many purposes, including the protection of commercially sensitive information related to university research.

“However, we also expect senior leaders to make it clear that the use of confidentiality clauses to prevent victims from speaking out will not be tolerated. All staff and students are entitled to a safe experience at university and all universities have a duty to ensure this outcome.”

The UUK said it will publish guidance for universities on sexual misconduct in the autumn - which will cover the use of ‘confidentiality clauses’.