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06 March 2019
Issue: 7831 / Categories: Legal News , Employment
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No more dubious NDAs?

Tougher legal safeguards could be introduced to give workers greater protection from abuse of non-disclosure agreements (NDAs).

The government is proposing to clarify that NDAs cannot prevent a worker disclosing criminal conduct to the police; ensure workers receive a clear, written description of rights before signing; and requiring that workers receive independent advice before signing a settlement agreement.

Paul Quain, partner at employment law firm GQ|Littler, said: ‘The proposals will still allow NDAs to prevent disclosure of non-criminal forms of sexual and racial discrimination.

‘This means direct discrimination, such as through not promoting someone due to their gender, would not be covered despite being one of the top issues in the workplace. The proposed laws could therefore throw up legal anomalies, with some unlawful (but not criminal) behaviour still covered by agreements, but others not being covered.’

The Department for Business, Energy and Industrial Strategy’s consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’ was opened this week and runs until 29 April.

Issue: 7831 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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