Raworths LLP
Taking the lid off unlawful behaviour in the workplace Taking the lid off unlawful behaviour in the workplace

News / Articles

Jul 19

Taking the lid off unlawful behaviour in the workplace

Written by Sally Togher
Senior Associate

DDI: 01423 724613
M: 07921 836202
E: sally.togher@raworths.co.uk

Employers are being urged to consider their procedures following calls from MPs to prevent employers using Non-Disclosure Agreements to silence employees in situations of unlawful treatment. The move follows the publication of a report by the Women and Equalities Select Committee.

A Non-Disclosure Agreement is a legal tool which, in an employment context, is often used on the termination of employment to prevent the former employee disclosing confidential information or making derogatory statements which may damage the reputation of the employer (it can also be used to bind the employer in the same way).

It is argued that Non-Disclosure Agreements are being misused by employers to prevent former employees disclosing information relating to mistreatment. In situations of discrimination, sexual harassment or bullying and abuse, a Non-Disclosure Agreement on termination of employment may dissuade or prevent employees from raising the issue or from seeking to enforce their employment rights. Any information not deemed illegal can be covered by a Non-Disclosure Agreement, with legal action possible if breached.

There have been calls to ban such agreements being used to silence employees. This would prevent employees being subject to ‘gagging clauses’ and unable to seek to enforce rights.

Further proposals include an extension to the current three-month time period for bringing claims of sexual harassment/discrimination, to be doubled to six months.

For further information and assistance on Non-Disclosure Agreements, contact our Employment team.

  • « Older Entries
  • Newer Entries »

‹  Return to News / Articles

Other News

Jul 20

COVID-19: Release of lockdown: continuing or ending homeworking

Although lockdown is easing, government guidance advises people to continue to work from home if possible.  Meanwhile the media is reporting that some employers are deciding to keep staff working...

MORE

Jul 20

It shouldn’t take a pandemic to make you think about your Will

Katie Watts explains why everyone should have this important document in place. The current coronavirus pandemic and enforced lockdown have given some people the time to think about putting their...

MORE