Baroness Kennedy, Chair of the UK’s Creative Industries Independent Standards Authority (CIISA), has urged Channel 4 to commission an independent investigation into its use of confidentiality clauses in employee settlement agreements.
Kennedy, a prominent human rights barrister and member of the House of Lords, recommends that Channel 4 engage an external legal expert to review agreements signed by former employees who exited the broadcaster due to employment disputes. Although Channel 4 welcomed the discussion, it has not confirmed any plans for a formal review.
Her comments follow a detailed investigation by Deadline, which revealed that 61 settlement agreements were signed between 2017 and 2021, costing Channel 4 a total of £5M ($6.7M). These agreements reportedly included confidentiality and non-disparagement clauses that critics liken to non-disclosure agreements (NDAs).
While Channel 4 insists that these were not NDAs and didn’t bar individuals from reporting serious misconduct, the network revised its settlement terms in 2022, reducing the use of strict confidentiality provisions.
Kennedy stressed the importance of transparency: “There should be much more openness around the excessive use of NDAs, especially when such agreements are used to silence complaints about issues like harassment or discrimination.”
Parliamentary and Legal Perspectives
Labour MP Louise Haigh criticized Channel 4’s stance, calling the use of such clauses “desperately disappointing.” She advocates for an outright ban on NDAs in cases of harassment and discrimination.
Kienda Hoji, a CIISA board member and legal advisor in the music industry, emphasized that while confidentiality can sometimes be appropriate, it should never impose a lifelong gag order. He warned of the psychological burden such contracts can place on former employees.
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Baroness Kennedy has already proposed an amendment to the Employment Rights Bill, which would ensure that employees receive legal advice before signing any confidentiality-bound settlement.
Channel 4’s Response and Industry Context
A spokesperson for Channel 4 reaffirmed the organization’s commitment to accountability and said the broadcaster had evolved its legal practices, especially in recent years. “Today, confidentiality is only applied to financial figures or when requested by the departing employee,” the spokesperson said.
Despite this, non-disparagement clauses remain in place. Channel 4 argues that these protect both current and former employees and are often requested by individuals wishing to avoid future criticism from ex-colleagues.
In contrast, the BBC eliminated gagging clauses as far back as 2013, signaling a broader industry shift towards transparency.
