Yesterday, the Equality and Human Rights Commission (EHRC) launched new guidance for employers on the use of confidentiality agreements or NDAs in discrimination cases. It follows recent reports on the use of confidentiality clauses by the Women and Equalities Select Committee, BEIS’s consultation paper earlier this year and the EHRC’s own 2018 report, ‘Turning the tables: ending sexual harassment at work’ which explored the many reasons why workers may not feel able to speak up about discrimination. It also made clear that the inappropriate use of confidentiality agreements are part of the problem.

The guidance is intended to provide employers and workers with clarity on the law surrounding confidentiality agreements, along with good practice recommendations when using confidentiality agreements.

The guidance can be found here and a summary of the key dos and don’ts are set out below.

If you have not done so already, it is now a very good time to review your precedent settlement agreements and consider your approach in relation to confidentiality more generally. Get in touch with us on 020 7600 8080 if you would like to discuss further.