Government reforms (1):  Non-disclosure agreements (NDAs) – Response to WESC report

sexual harrassment in the workplace
What do we already know? In June 2019, the Women and Equalities Select Committee (WESC) published its report on the use of confidentiality clauses, which are also known as Non-Disclosure Agreements (NDAs), in discrimination and harassment cases. The WESC concluded that the imbalance of bargaining power between employers and employees is a key driver behind…
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Settlement Agreements: Cost of Legal Advice 

signing an agreement
What do we already know? Settlement agreements are often used to agree a settlement to a dispute with an employee, or bring an end to the employment relationship in an amicable way. An employee agrees to waive any claims against their employer in return for a compensation payment. In order for this waiver to be…
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New Guidance – 2. EHRC Guidance on NDAs in Discrimination Cases

signing an agreement
What do we already know? 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…
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Government Reforms (1):  Family Friendly Consultations

family friendly
What do we already know? In our February 2019 Newsletter Government reforms (1): Family friendly – protection against redundancy we updated you that the Government had published a Consultation, Pregnancy and Maternity Discrimination: Consultation on extending redundancy protection for women and new parents.  The Consultation asked for views on what changes could be made to the current…
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Government Reforms (3):  Response to Consultation on Confidentiality Clauses

contract
What do we already know? We updated you in our March 2019 Newsletter Government reforms (2): Consultation on confidentiality clauses that the Government had published a Consultation asking for views on new measures to prevent the misuse of ‘NDAs’ – what we employment lawyers call confidentiality clauses – in situations of workplace harassment or discrimination. …
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Government Reforms (1):  Tackling Gender Inequality  & Workplace Sexual Harassment Consultation

sexual harrassment
1. Tackling Gender Inequality The Government Equalities Office (GEO) has published Gender equality at every stage: a roadmap for change (available here), which sets out the Government’s proposals to tackle key drivers of gender inequality. The key proposals to tackle gender inequality include: 1.1 Strengthening equality legislation A consultation on the effectiveness of workplace sexual…
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Case Update (3): Sex Discrimination and Shared Parental Leave Pay

shared parental leave
What do we already know? In our April 2018 Newsletter Case update (1): Sex discrimination and shared parental leave pay and May 2018 Newsletter Case update (1): Sex discrimination and shared parental leave pay we updated you on the EAT decisions in Capita Customer Management Ltd v Ali and Hextall v Chief Constable of Leicestershire…
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Government Reforms (3): Family Friendly – Protection Against Redundancy

What do we already know? In our February 2019 Newsletter Government reforms (1): Family friendly – protection against redundancy we updated you that the Government had published a consultation, Pregnancy and Maternity Discrimination: Consultation on extending redundancy protection for women and new parents (available here).  The consultation asked for views on what changes could be…
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Government Reforms (2): Consultation on confidentiality clauses

contract
What do we already know? Confidentiality clauses or non-disclosure agreements (‘NDA’s) serve a useful purpose in the workplace. They can be used primarily in two ways: as part of employment contracts, to protect trade secrets for example, and as part of settlement agreements, for example to allow both sides of an employment dispute to move…
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Government reforms (1): Family friendly – Protection against redundancy

In 2016 the Women and Equalities Select Committee held an inquiry into pregnancy and maternity discrimination (see our Blog Is employment law currently failing pregnant women?). The Committee found that discrimination against pregnant women and new mothers had become more common over the previous ten years and recommended steps that the Government should take to…
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