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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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Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

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Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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