Khalid Mahmood – 2014 Parliamentary Question to the Department for Education

The below Parliamentary question was asked by Khalid Mahmood on 2014-04-28.

To ask the Secretary of State for Education, if he will take steps to remove any contractual gagging orders or similar measures applicable to staff in the West Midlands involved in the ongoing investigation into school governance in that area led by Ian Kershaw.

Mr Edward Timpson

The Department for Education hopes that any individual with relevant information about the serious allegations made in relation to a number of schools in Birmingham will come forward and share this with the Education Commissioner, Peter Clarke, and Ian Kershaw, the Chief Adviser for Birmingham City Council’s investigation.

Amendments to The Employment Relations Act 1996, introduced by the Public Interest Disclosure Act (PIDA) 1998, mean that any confidentiality clauses in settlement agreements cannot have the effect of preventing a protected disclosure and any provision will be void to the extent it seeks to do so. The Department revised the model settlement agreements for new academies in January to make this absolutely clear. The PIDA Act 1998 also introduced provisions to protect workers from detrimental treatment or victimisation from their employer if, in the public interest, they blow the whistle on wrongdoing.