header-logo header-logo

No more dubious NDAs?

06 March 2019
Issue: 7831 / Categories: Legal News , Employment
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll