The government has published its formal response to the Women and Equalities Committee report on misogyny in the music industry (the Report). We explore its response to the recommendations made in the Report and their implications for employers in the music industry and beyond.
The Report included several recommendations, most of which would benefit not just women working in the music industry, but all employed and self-employed women, namely:
- amendments to the Equality Act 2010 (Equality Act) to ensure that freelancers are clearly protected from harassment, including as part of the duty to take reasonable steps to prevent harassment;
- prohibiting the use of non-disclosure agreements (NDAs) in cases involving:
- sexual abuse, sexual harassment and sexual misconduct;
- other bullying and harassment; and
- discrimination relating to a protected characteristic (including age, race and sexual orientation); and
- bringing maternity allowance (MA) into line with statutory maternity pay (SMP). This is to prevent the disparity that currently exists which allows employees receiving statutory maternity pay to carry out unlimited self-employment work (in addition to their Keeping in Touch days), whereas freelancers receiving MA can only do so for 10 days.
Extension of protections to freelancers
Since October 2024, employers have had a new duty to take “reasonable steps” to prevent sexual harassment of their employees.
In its response to the Report, the government has pointed out that:
- it already proposes to strengthen this duty in the Employment Rights Bill (the Bill), by requiring employers to take all reasonable steps to prevent sexual harassment;
- the Bill will also give the government the power to introduce regulations specifying the steps that employers must take to comply with the duty;
- the definition of “employment” in the Equality Act includes a variety of working arrangements rather than being restricted solely to employment relationships, so freelancers may be protected, depending on their circumstances; and
- it is seeking evidence on what else it and employers can do to prevent sexual harassment as part of the call for evidence on equality law (for more information, see our blog here).
Alignment of MA with SMP
There are two different types of pay that a woman may receive when on maternity leave:
- SMP: payable to employees, provided they meet several other criteria, including being continuously employed for at least 26 weeks ending with the 15th week before the expected week of childbirth; and
- MA: payable to self-employed women or employees who do not otherwise qualify for SMP.
In the government’s response, it did not commit to making any changes in this area. It pointed to the review of the parental leave system it launched in July 2025, which will consider the current framework of parental leave entitlements. It also noted that individuals receiving MA can do more than 10 days’ work during their MA period, but any days beyond the initial 10 days will reduce the amount of MA they receive.
Prohibition of NDAs
The government reiterated the restrictions already placed on NDAs, such as the fact that they cannot be used to prevent whistleblowing or pervert the course of justice. It confirmed that NDAs should not be used to conceal misconduct in the workplace. The government has tabled an amendment to the Bill to tackle the misuse of NDAs, which will void any provision in an agreement between a worker and their employer that seeks to prevent a worker from disclosing allegations of harassment and discrimination. The Bill would provide powers to allow exemptions to this rule (for example, if a worker requests an NDA).
Key takeaways
The government’s response signals a steady tightening of the legal framework around workplace equality, harassment and transparency. Although prompted by concerns specific to the music industry, employers across all sectors should take note. Strengthened harassment prevention duties, proposed limits on NDAs and potential reforms to maternity and parental rights will all demand careful monitoring and, in some cases, proactive adjustment of workplace policies. For HR teams and in-house counsel, this is another reminder that fostering a culture of respect and inclusion is not just good practice, but a key element of employment law compliance.
