The Department for Business, Energy and Industrial Strategy (BEIS) has issued a consultation document seeking views on new measures to prevent the misuse of confidentiality clauses, also known as non-disclosure agreements or NDAs, in situations of workplace harassment or discrimination.
NDAs are provisions which seek to prohibit the disclosure of information. They serve a useful and legitimate purpose in the employment context, as part of both employment contracts and settlement agreements. However, a number of cases have come to light where employers have used confidentiality clauses to prevent victims of workplace harassment or discrimination from speaking out.
The purpose of this consultation is:
- to better understand how confidentiality clauses and the legal framework around them work in practice;
- to assess what changes are required to ensure individuals are appropriately protected from their misuse.
The consultation closes at 11:45pm on 29 April 2019.
