Consultation on confidentiality clauses
Close date: 29 April 2019
The Government has published a consultation on proposals to regulate the use of confidentiality clauses (also known as "non-disclosure agreements"), due to concern that these clauses are being used to silence victims of unlawful harassment or discrimination. The consultation seeks views on measures to limit their misuse, including: by making it clear that victims cannot be prevented by a clause in an employment contract or settlement agreement from speaking to the police or reporting a crime; by requiring all confidentiality clauses to set out which disclosures are not prohibited by a confidentiality clause; by making confidentiality clauses in settlement agreements that do not comply with wording requirements void; and by extending the scope of independent advice that a worker must receive before signing a settlement agreement to include advice on the limits of any confidentiality clause.
Consultation document: Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination
Consultation outcome:Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination - government response