We updated you in our August 2019 Newsletter (Government reforms (3): Response to Consultation on Confidentiality Clauses) that the Government has said that it will legislate to ensure that limitations on non-disclosure agreements (NDAs) are set out clearly in written statements of employment particulars and in settlement agreements. The Government confirmed that although there would not be mandatory wording, it would work with regulators to produce guidance on NDAs .
The Equalities and Human Rights Commission (EHRC), at the Government’s request, has produced guidance (available here) on using NDAs in discrimination cases.
This guidance informs both employers and employees about the law around confidentiality agreements and when and how they can be used. It is intended to push back on those employers who routinely use confidentiality agreements when settling discrimination disputes.
The EHRC guidance includes the following tips for employers:
Further guidance is expected to be published by ACAS and we’ll be sure to update you on this.