Rachel has secured an end to the practice of HS2 using ‘gagging clauses’ in compensation claims for property damage.

HS2 and their subcontractor Balfour Beatty Vinci (BBV) tried to use the law to silence members of the public who had experienced property damage as a result of their construction works.

Rachel was shocked when she was contacted by Felicitas Freeman, a resident of Water Orton, who told her that HS2 was demanding silence from her constituents in exchange for compensation for property damage. Felicitas had refused to sign a ‘gagging clause’ following damage to her roof caused by HS2.

Such clauses are formally known as non-disclosure agreements (NDAs), with those who sign them potentially facing legal action for breaching the condition not to speak with anyone about a certain issue.

In her original letter to HS2 about NDAs, Rachel said “it is my view that the pursuit of NDAs against my constituents relating to the damage caused by HS2 to their property represents an inappropriate and unacceptable attempt to silence them from speaking out about the harm the HS2 works has caused to their prosperity, health, and wellbeing.”.

Following an initial response that Rachel described as “totally inadequate”, she raised the issue again with HS2 in a face-to-face meeting, before writing to them a second time to demand satisfactory answers.

On 12 February HS2 contacted Rachel to confirm they would be dropping the use of NDAs in compensation claims. They also confirmed that they would withdraw any live requests that had been made for members of the public to sign an NDA and rescind any NDAs currently in effect over claims for compensation for property damage.

It is important that residents are therefore aware that:

• You are not obligated to sign an NDA in order to access compensation from HS2 or BBV. If you are asked to sign anything to say you won’t talk about your situation, you can refuse, and this should not impact your right to receive compensation for damage you have suffered.
• If you have signed an NDA as part of a compensation claim, HS2 have committed to me that they will contact you to inform you that the terms of the NDA are no longer in force. If they fail to do this, please contact Rachel’s office and she will be happy to assist you.

The decision represents a major victory for North Warwickshire and Bedworth constituents, who continue to suffer disruption, property damage, and poor engagement from HS2 and their local contractor Balfour Beatty Vinci (BBV).

Rachel said:

“My constituents continue to suffer unacceptable levels of disruption as a result of HS2’s construction, including damage to their property. I was therefore appalled to be told that local residents were being asked to sign agreements gagging them from speaking to their friends and neighbours about damage inflicted by HS2 in order to access compensation they were owed.

 

“When I confronted HS2 about this, they repeatedly refused to confirm whether my constituents were obligated to sign up to such clauses to get compensation.

 

“The use of non-disclosure agreements to silence my constituents is completely unacceptable, which is why I have repeatedly demanded HS2 end their use and rescind any currently in force. I am pleased that they have today agreed to do so.

 

“The damage, disruption, and poor public engagement experienced by residents in Water Orton and the surrounding area continues to blight the lives of my constituents. Today’s victory is important for ensuring my constituents remain free to speak out about the suffering they are experiencing, but it is not the end of my campaign to secure residents the respect and engagement they deserve from HS2 and BBV.

Felicitas Freeman of Water Orton in North Warwickshire said:

“BBV contacted me last autumn offering me compensation of £3500 for damage to my property, but with a gagging clause attached. When I refused to sign the NDA and asked whether it could be removed, I received no further response from them and haven’t received a penny in compensation for my roof.

 

HS2 and BBV continue to cause huge harm to Water Orton residents and it’s despicable that they tried to bully me into silence about the damage they caused to my property. I’m really grateful to Rachel Taylor MP for taking up this cause, and for standing up to HS2 on behalf of our community”.

Rachel’s original letter to HS2 about the issue