Universities found to use ‘gagging clauses’

A recent BBC Radio 4 broadcast has revealed that most UK universities have used non-disclosure agreements (NDAs), commonly referred to as ‘gagging clauses’, to placate angry members of staff.

The broadcast stated that the University of Warwick, alongside most other British institutions, had used an NDA to restrict what a member of staff could say following an employment dispute.

Typically a NDA prohibits the involved party from discussing the matter apart from with close family and legal advisers.

Moreover, such agreements generally prevent disgruntled employees from publicly criticising the university.

According to statistics from Academic Freedom of Information (FOI) requests, the University of Warwick has been involved in 12 employment disputes over the past three years.

The University ended four of these disputes prior to a full hearing by offering a settlement which included a NDA.

A FOI request has revealed that the University has paid out £27,750 as settlements across these four cases.

In addition to this, the University has spent a total of £215,449 on legal expenses relating to these payment disputes.

Cherise Hume, a first-year Biomedical Sciences student, stated: “It’s disgraceful to be honest, but to be expected.”

Postgraduate Chemistry student Alexander Parker, argued: “As an institution that is essentially publicly funded, using money [for settlements and legal expenses alongside NDAs] is quite deceptive to the public.

“I would rather see the money used on facilities and services to improve the student experience.”

Peter Dunn, head of communications at the University, urged: “The University does not, and would not, employ such agreements in relation to any matter that would be deemed to be in the public interest.”

Mr Dunn added: “Many large organisations, including ourselves, find these agreements of value and will continue to use them where and when appropriate.”

While Warwick has employed the use of NDAs as part of four staff employment disputes, other high ranking institutions have also used the ‘gagging clauses’ to a far greater extent.

In the past three years both the universities of Manchester and Birmingham have resolved over 20 employment disputes with settlements which include a NDA, according to FOI requests.