New laws force UK universities to embrace fundamental ‘cultural change’

The forthcoming ban on NDAs in universities has put transparency and accountability firmly in the spotlight for the university sector. Once in force, it will prevent the use of non-disclosure agreements to silence victims of sexual misconduct, bullying, or harassment, ensuring these cases are handled openly and fairly rather than behind closed doors. This follows the duty to prevent sexual harassment which came into force on 26 October requiring universities to take proactive steps to stop harassment before it happens. Taken together the new laws demonstrate a push by government for greater openness and accountability, reinforcing the need for real cultural change in universities. We’ll speak to an employment lawyer who is working with a number of university clients to achieve that cultural change.

A reminder. The duty to prevent sexual harassment which came into force in October requires employers, including universities, to take proactive steps to prevent sexual harassment in the workplace. It means it’s no longer enough to simply have policies in place or respond to incidents when they occur. Instead, universities must actively demonstrate that they are taking reasonable steps to prevent harassment from happening in the first place.

As for the ban on NDAs, this was confirmed by Bridget Phillipson, Secretary of State for Education, in a Commons speech on 15 January 2025. Once in force – probably later this year – it means universities will no longer be able to enter into NDAs that prevent students, staff, or visiting speakers from speaking about their experiences of sexual misconduct, harassment, or bullying. 

Both of these legal changes are part of a wider movement towards greater openness and  accountability in higher education. Compliance isn’t just about avoiding legal risk, it’s about demonstrating real commitment to a safer, more transparent culture.

At Pinsent Masons, our legal team has been working closely with our D&I consultancy, Brook Graham, to help universities navigate this shift so let’s hear more about that. Earlier, I caught up with employment lawyer Rebecca Stephen to discuss it:  

Rebecca Stephen: “Yes, so this is very much just one strand of a wider piece and in other areas the law is being strengthened. So since the 26 October of last year we've, of course, had the proactive duty to take reasonable steps to prevent sexual harassment in the workplace. In addition, in August of this year, it's going to be an OFS condition of registration which essentially brings a similar proactive duty in respect of institutions’ duties towards students. So as I say, this is just one of a suite of measures looking at ensuring those steps are being put in place and those obligations on higher institutions to achieve that sort of transparency and accountability. We are discussing this, and we've done a lot of work with clients in the sector already in this, both ourselves and in partnership with Brook Graham. So doing things like looking at your policies, are there changes that need to be made there, really trying to look at it from a cultural change piece, rather than just amending a policy and then then we're sort of done. So it's really looking at a whole suite of different things that institutions need to do to get themselves ready, really, for the things that are due to come in force and, of course, to ensure compliance with the new law that we've had since October of last year.”

Joe Glavina: “Given this is cultural change, we do need buy in from senior management to make this work, don’t we?”

Rebecca Stephen: “Absolutely, I would say that's crucial, for it to be seen that there is real investment, there's a real desire here for this change, it absolutely has to be top led with key stakeholders from the very top showing their support behind this. So yes, having senior leaders and cross party. So, for institutions, not just looking at this through the lens of obligations just to staff or members of student services looking at students, it has to be looking across the board and those different relationships and making sure that it's a very joined up approach.”

Joe Glavina: “When it comes to implementation are we looking to HR, or in-house legal?”

Rebecca Stephen: “I'd say a bit of both. I think HR have a really crucial role in fostering that right environment. As I say, it does need to be top led from an investment perspective but, yes, HR have a really important part to play. They are involved in terms of the policies and there’s an awful lot around making sure that there are easy methods of reporting. There’s a lot of monitoring that's required and, of course, it's a constant cycle of review. So looking at things like tracking grievances, disciplinaries, does that flag any areas where issues might arise and steps that need to be taken? So yes, HR, certainly have a really key part to play. But it's not just the responsibility of HR and, of course, managers and  all employees really have a duty to understand what this new law is and ensure that they're taking the steps that they should be taking. So it certainly doesn't all fall on HR’s shoulders.” 

If you would like help implementing cultural change in your university then please do get in touch with Rebecca – her contact details are on the screen for you. Alternatively, you can contact your usual Pinsent Masons adviser.