header-logo header-logo

NDAs: Good intentions & their consequences

Recommendations for the future of non-disclosure agreements in discrimination cases—Stephen Levinson takes the long view

The risk when recommending reform is of unintended consequences. Much of the recent report of the Women and Equalities Committee into non-disclosure agreements in discrimination cases illustrates this truth (‘The use of non-disclosure agreements in discrimination cases’, 11 June 2019 HC1720).

The purpose of the report was to examine the ill effects of non-disclosure agreements (NDAs) in settlements of claims of sex discrimination. Occasionally the term discrimination is used in its widest sense but the principal occupation is with allegations of sex discrimination and harassment made by women. The report is best regarded as the opinion of those who had made up their mind before work began. Judges asked to make decisions with the same background would recuse themselves. Their likely conclusions were apparent from their report in 2018 where they recommended that tribunals ‘should be able to award punitive damages and there should be a presumption that tribunals will normally require employers

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll