The BEIS is consulting on the use of non-disclosure agreements (NDAs) and confidentiality agreements, setting out proposals to end their unethical use and encourage good practice from employers and lawyers. The Government point out that recently there has been increasing evidence to suggest that NDAs and confidentiality clauses are being abused by a small number of employers to intimidate whistleblowers and conceal incidents of harassment and discrimination. The Government’s proposals include: (a) legislate so that no confidentiality clause can prevent a person making any disclosure to the police, i.e. regardless of what a confidentiality clause says, a victim can discuss a matter with the police or report a crime; (b) require that confidentiality clauses clearly set out their limitations, either in settlement agreements or as part of a written statement of particulars, so workers know the rights they have when they have signed one; and, (c) ensuring a worker receives independent advice such as from a lawyer or union official on any confidentiality provisions within the agreement, and its limitations.

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