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

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

Solicitor

View profile

+44 118 960 4613

About this article

Read, listen and watch our latest insights

art
  • 01 June 2023
  • Employment

Facts employees should know about their personal data

We previously published an article on facts an employer should know about holding personal data, so it is only fair that we also write about the other side of the coin – facts employees should know as individuals whose personal data is held by their employer.

art
  • 01 June 2023
  • Immigration

What is the Immigration Skills Charge (ISC) and how much do you have to pay?

The Immigration Skills Charge (ISC) is a levy on companies who sponsor migrant workers. This levy was imposed on 6 April 2017. The Government states that the charge has been levied to contribute towards addressing the skills gap in the local economy.

art
  • 26 May 2023
  • Employment

Avoiding discrimination in flexible working requests

The right to request flexible working is currently available to employees with at least 26 weeks’ service and is set to be extended further under new Government reforms.

art
  • 25 May 2023
  • Corporate and M&A

Management Buyout – Top 5 things to consider

A management buyout is a financial transaction in which a member of the management team purchases the company from its registered owner. MBO’s usually occur in private companies in an effort to enhance profitability and simplify strategies.

art
  • 25 May 2023
  • Employment

Carer’s Leave Bill set to become law

On 19 May 2023, the Carer’s Leave Bill had its third reading in the House of Lords, and upon receiving Royal Assent, will become law. There is not yet a date for the implementation of this bill, however it is likely that this will happen relatively quickly upon receiving Royal Assent, so is definitely one to keep an eye on.

art
  • 18 May 2023
  • Immigration

Navigating SOC Codes

When it comes to UK immigration, understanding the intricacies of the system is vital. One significant aspect of the process revolves around Standard Occupational Classification (SOC) codes. SOC codes play a crucial role in determining the eligibility for an individual to apply for a work visa, assessing skill levels, and matching individuals to appropriate job roles.