The Equality and Human Rights Commission (EHRC) has issued new guidance on the use of confidentiality agreements (often referred to interchangeably as “non-disclosure agreements” “NDAs”, “gagging clauses” or “confidentiality clauses”) in discrimination cases. The stated aim of the guidance is to “clarify the law on confidentiality agreements in employment and to set out good practice … Continue Reading
Last week we issued an alert about the UK government’s plans to introduce new legislation to tackle alleged misuse of confidentiality clauses in employment contracts and settlement agreements. The consultation has been launched primarily in response to concerns that some employers are using confidentiality clauses (sometimes referred to as “non-disclosure agreements”) to “gag” victims of … Continue Reading
When you sign up a Settlement Agreement with an ex-employee you think that’s the end of the matter, right? Clearly that is the general intention, but we already know that even the most procedurally prim and proper settlement agreement can be undone by evidence that it was entered into by fraud or misrepresentation and now … Continue Reading
You know that there is something seriously amiss with employment relations in the UK when Acas’ new Guidance on settlement agreements has to run to 83 pages. This is of course on top of its Code of Practice which contains another 11. So that is close to 100 pages dedicated essentially to how to agree … Continue Reading
A sharp little lesson in the Metro yesterday in relation to the practical value of confidentiality clauses in Tribunal settlement agreements. Readers of more advanced years will perhaps recall the settlement of an Employment Tribunal claim brought by one of Princess Di’s staff against some part of the Royal Household many years ago. The prospect … Continue Reading