ndas and the law
Excepted NDAs and workplace disputes.
The UK Employment Rights Bill is widely reported widely to include a ban on NDAs that prevent workers from disclosing allegations of harassment or discrimination or their employers’ response to such allegations. But don’t be mislead by the headlines – NDAs will remain lawful in relation to harassment and discrimination in appropriate circumstances, when new laws introduce ‘excepted NDAs’.
ExceptedNDA.com
About Excepted NDA
John Hassells is the founder of ExceptedNDA.com and a UK qualified solicitor, member of the Employment Lawyers Association, and has over 20 years experience advising and supporting employees and employers with employment law. John deals with the full range of employment law matters with particular focus on workplace disputes, settlement agreements and related legal matters, including worker Non-Disclosure Agreements (‘NDAs’) and confidentiality clauses and restrictions found in workplace settlements.
The direction of travel in the UK concerning NDAs is clear. Increasing scruitiny from the media, politicians & government, regulators and supervisory bodies, is resulting in new laws and rules restricting the scope of NDAs and circumstances when they may be legitimately used or deemed void.
The Employment Rights Bill will fundamentally change UK NDA employment law, making NDAs void in relation to harassment and discrimination complaints save for limited circumstances, i.e. an Excepted NDA. The Bill will give the UK Government the power to introduce new regulations that will detail the conditions under which an excepted NDA will lawfully enable workers and employers to still agree to keep confidential allegations of harassment and discrimination (and the employer’s response).
Our goal is to be the go to place for legal information and insights concerning work-related NDAs in the UK and internationally. If you’re an academic or lawyer in other jurisdictions (outside the UK) and you would like to contribute to this project, please get in touch.
For Media, speaking and other enquiries, email John@boltlaw.co.uk
nON dISCLOSURE AGREEMENTS IN the uk
NDAs and UK Employment Law
This guide covers the different strands of UK employment laws that operate to limit the scope of NDAs or make them void, as well as the forthcoming anticipated changes in the Employment Rights Bill regarding NDAs and the impact these changes are likely to have on organisational policy, resourcing, operational process, legal and reputational risk management.
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