Reining in NDAS

by | Sep 26, 2019

Employers using non-disclosure agreements (NDAs) to cover up inappropriate behaviour in the workplace has recently come under fire. NDAs and confidentiality obligations are commonplace between employers and employees to stop information getting into the public domain. While it may be legitimate to protect trade secrets and business contacts, the use of NDAs in high-profile harassment situations has been controversial. The government has announced that “when parliamentary time allows”, it will introduce a number of ways to stop NDAs being misused in workplace harassment or discrimination situations.

These changes will ensure that individuals can still discuss their situation with their regulated health and care professionals and legal advisors. The agreement will have to clearly set out that the agreement does not prevent the employee from making certain disclosures. These include reporting to the police and whistle blowing in the public interest. The professional body for solicitors, the Law Society has also launched a public awareness campaign about individuals’ existing rights in relation to NDAs.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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