How Does New Legislation Tackle the Misuse of Non-Disclosure Agreements (NDAs)?
According to the House of Commons Women and Equalities Committee, the Government should end the cover-up culture in respect of discrimination and harassment.
The Committee has published a report on the use of non-disclosure agreements in discrimination cases. The report recommends restrictions should be placed on the usage of NDAs to ensure they don’t prevent the victim from ever being able to talk about what has happened to them.
The Committee suggested that a statutory code of practice is implemented to set out restrictions on confidentiality clauses and provide a range of measures for settling employment disputes.
Key Points of the Code of Practice
This code of practice should:
Place a mandatory obligation on employers to put measures into place to protect employees from being discriminated and/or harassed
Ensure NDAs do not prevent legitimate discussion about unlawful discrimination
Stop NDAs from being used to cover up allegations of unlawful discrimination and harassment
Ensure that plain English is used when drafting confidentiality, non-derogatory and similar clauses to make it clear what information can and cannot be shared, and with whom
Ensure senior managers are involved in overseeing anti-discrimination policies in the workplace
Do you know when the latest complex legislation changes come into effect? And are you aware of the work required to ensure your business is fully compliant? This guide includes advice on employment law updates as they happen, with month-by-month advice on all updates in an easy-to-read format.