Search

How can we help?

Icon

Confidentiality agreements guidance

Non disclosure agreements (NDAs) have long been a popular subject in the media. Seeking to clarify its position on their use in employment matters, the Equality and Human Rights Commission has issued new guidance. 

The purpose of the guidance is to clarify the law on confidentiality agreements in employment scenarios, with particular emphasis on improving understanding and transparency when combating discrimination in the workplace. Whilst not statutory guidance, this is still highly useful for employers and employees, given that new legislation that will restrict the use of confidentiality clauses in NDAs is expected in the near future.

The guidance covers the use of confidentiality agreements between employers and all those who are protected by Equality Act 2010. Naturally, the guidance stresses how carefully the employers must scrutinise the wording of any such agreement.

Each agreement should be very clear about what the worker can or cannot do and, in particular, the agreement must not prevent the individual from speaking out about any form of discrimination. This ‘Good Practice’ section goes on to state that employers should not put their employees under any pressure to sign any confidentiality agreement. If they do, it may render the agreement unenforceable. It is recommended that employers go one step further and encourage their workers to take independent legal advice before signing any agreement.

Jacob Montague

Senior Solicitor

View profile

+44 118 960 4613

The guidance covers the use of confidentiality agreements between employers and all those who are protected by Equality Act 2010.

The guidance also touches on Settlement Agreements and COT3s, stating that every employer should be wary of treating these agreements as the end of the matter. Instead the guidance advises that any discrimination matters that may be raised by the other party to the Settlement Agreement or COT3 should still be investigated if the employer is to truly avail itself of the ‘reasonable steps’ defence in any potential future claim.

Read the full guidance

For further information contact our experienced employment lawyers.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Jacob Montague

Senior Solicitor

View profile

+44 118 960 4613

About this article

Read, listen and watch our latest insights

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.

art
  • 25 June 2025
  • Immigration

Immigration Changes in Statement HC 836 – what do they mean?

The UK government has released its latest Statement of Changes to the Immigration Rules (HC 836), with shocking implementation dates throughout July 2025.

art
  • 20 June 2025
  • Privacy and Data Protection

Data Protection reform receives Royal Assent: What is the Data (Use and Access) Act 2025 (DUAA) and what it means for your business

The UK’s data protection framework is about to undergo its most significant change since the UK GDPR came into force. After months of parliamentary debate, the Data (Use and Access) Act 2025 (‘DUAA’) has successfully received Royal Assent.

art
  • 18 June 2025
  • Employment

Pride Month: How Can You Celebrate as an Employer

The UK held its first Pride Parade in 1972, inspired by events held in major American cities following the Stonewall rebellion in New York in June 1969.

Pub
  • 16 June 2025
  • Privacy and Data Protection

WhatsApp in the workplace: Is it legally safe?

In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.