Millionaire businessman ‘granted secrecy over sexual harassment claims’

A millionaire businessman has been granted a secrecy order preventing the disclosure of his identity over allegations of sexual harassment, assault and bullying in an employment case, it has been reported.

In the latest case of controversy over non-disclosure agreements (NDAs), the Times reported that it was not allowed to identify a man who had agreed financial settlements with two women before their accusations were scheduled to be heard at an employment tribunal.

The settlement reportedly required the two alleged victims to withdraw their sexual harassment and discrimination claims and sign NDAs prohibiting them from discussing their allegations in public.

The newspaper said it had fought a legal battle for more than a year for the right to report the case but Mr Justice Soole, sitting at the employment appeal tribunal, ruled last month the protection of the millionaire’s “honour and reputation” took precedence over the principle of open justice.

The judge said the case involved “allegations of sexual offences” against “a public figure with a well-known family name”, which are “entirely denied”, the Times reported, with Soole arguing that the public might not be able to “distinguish between allegation and proof” and that publication of the name would have “personal consequences”.

It comes amid controversy over the use of NDAs by the rich and powerful, such as celebrities and tycoons. The Commons women and equalities committee recently called for radical reform of NDAs to end the “cover-up culture and employment tribunal failures”.

The MPs’ report said: “Employers and their legal advisers should not be complicit in using NDAs to cover up allegations of unlawful acts.”

The use of similar gagging orders by the film producer Harvey Weinstein following allegations of sexual harassment and assault emerged as part of the 2017 revelations that sparked the #MeToo movement. Weinstein has denied all allegations of non-consensual sex.

In May it was reported that the American producer reached a $44m settlement to resolve several lawsuits and compensate women who have accused him of sexual misconduct, according to reports.

Last October ministers brought forward a consultation on the use of NDAs in employment disputes after the Daily Telegraph was prevented by a temporary court injunction from naming a businessman accused of paying off employees who had accused him of bullying, sexual harassment and racial abuse.

Theresa May told the Commons it was important the government tightened up the use of NDAs, saying “it is clear that some employers are using them unethically”.

The businessman was later named as Sir Philip Green, who has denied the claims made against him.