Consultation on the use of NDA’s

The government plans to introduce legal changes to clarify that non-disclosure agreements (NDAs) cannot be legally enforced if they stop victims from reporting a crime, such as sexual harassment. The changes are to support victims being able to access support and legal advice.   According to the government, confidentiality clauses, or NDAs, can protect sensitive employment information, yet too often they are misused to silence victims – denying them access to justice or support services to rebuild their lives, and this has driven the need for this proposed legislation.

The legislation will mean information relating to criminal conduct can be discussed with police, lawyers and support services such as counsellors or medical professionals, without fear of legal action. NDAs protecting commercially sensitive information, financial agreements or other obligations unrelenting to the permitted disclosures will retain their legal effects.

There is currently no timeline for this legislation being introduced but 121 HR Solutions will keep readers updated as more transpires on this subject.

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