A Solicitors Regulation Authority (SRA) report, ‘The use of NDAs in workplace complaints’, published in August, found 84% of firms used generic templates, and only 12% provided specific training on NDAs. It recommends solicitors consider potential imbalances of power and avoid clauses which might deter the reporting of inappropriate behaviour.
Juliet Oliver, SRA general counsel, said: ‘While we found no direct evidence of firms intentionally seeking to suppress the reporting of wrongdoing, we did find examples of concerning trends and practices which may inhibit or deter disclosures.
‘From employees having insufficient access to independent legal advice, to employers imposing tight time limits and a sense of urgency to complete settlements, the report also found significant imbalances in power between parties signing NDAs.’
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