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Government plans to crack down on misuse of Non-Disclosure Agreements in the workplace

Makbool Javaid

The BEIS have announced plans for new legislation to tackle the misuse of Non-Disclosure Agreements (NDAs), also known as confidentiality clauses, in the workplace including those being used to cover up harassment. The new legislation will include: (1) Prohibiting NDAs being used to prevent individuals from disclosing information to the police, regulated health and care professionals, or legal professionals, such as a doctor, lawyer, or social worker; (2) Ensuring employers make clear the limitations of a confidentiality clause, in plain English, within a settlement agreement and in a written statement for an employee, so they fully understand what they are signing and their rights; (3) Extending current legislation so that individuals signing NDAs will get independent legal advice on the limitations of a confidentiality clause; and, (4) Introducing new enforcement measures to deal with confidentiality clauses that do not comply with the law, e.g. making the NDA legally void.


The updates are kindly provided by Simons Muirhead & Burton Law firm

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and help judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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