November 2019 – Non Disclosure Agreements & Discrimination

Responding to the Women and Equalities Committee report on the use of NDAs in discrimination cases, the government says that it agrees that the use of these agreements to cover up unlawful discrimination and harassment complaints is unacceptable and while it has agreed to consider a number of proposals, no timetable has as yet been set.

The report highlights that the government has already committed to legislate to clarify that NDAs must not include provisions that prevent or imply an individual cannot disclose information to the police or regulated health and care professionals and legal professionals and to require NDAs within settlement agreements to clearly set out their limitations   

 In respect of other recommendations, the government says it will consider

Requiring employers to investigate all discrimination and harassment complaints regardless of whether a settlement is reached

Legislating to require employers to provide, as a minimum, a basic reference for any former employee confirming as a minimum that they worked for that employer and the dates of their employment and

Placing a mandatory duty on employers to protect workers from harassment and victimisation in the workplace

 

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