confidentiality

Government outlines its proposals for reforms to confidentiality clauses (NDAs)

The spotlight is continuing to shine brightly on the issue of sexual harassment in the workplace, and employers need to be alive to the government’s proposals for reform which, after a fairly slow start, are now coming thick and fast. The trend towards increasing protection for employees is moving ever upwards, and employers need to ensure they keep pace with the developments, particularly given the potentially criminal implications relating to sexual harassment offences, and the impact on entering into future settlement agreements. Earlier this month (as outlined in a previous Be Aware alert), the Government Equalities Office launched a consultation …

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The spotlight on NDAs intensifies as Government publishes proposals for reform

The spotlight on non-disclosure agreements – or confidentiality clauses, as they are commonly referred to – is showing no sign of diminishing. The Government published a consultation paper yesterday, taking forward its agreement in December 2018 to implement one of the recommendations made by the Women and Equalities Committee to better regulate the use of non-disclosure agreements. With a proposal that non-compliance with the reforms will make future confidentiality clauses in settlement agreements void, this development potentially raises the stakes for employers who routinely include confidentiality provisions in settlement agreements entered into on the termination of an employee’s employment.  The …

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