At the beginning of 2019 the Government published a consultation on new measures to prevent misuse of non-disclosure agreements (NDAs) in situations of harassment or discrimination in the workplace. That consultation closed on 29th April, but on 22nd July the response was published.
The Government has pledged legislation, when parliamentary time allows, with the aim of ensuring that disclosures to the police or regulated health and legal professionals are not prevented by NDAs, and that written statements of employment particulars both specify any NDA’s limitations and make clear that they do not preclude such disclosures. The Government intends to work with regulators on suitable wording for these, without going so far as to produce mandatory terminology.
In order for any settlement agreement to be valid, individuals will need to receive advice both on confidentiality requirements and on their limitations. Provision will be made for enforcement of confidentiality clauses in settlement agreements and written statements that do not follow the new requirements, but full details of these have yet to be published.
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