The non-disclosure agreement (NDA) amendments to the Employment Rights Bill have attracted considerable attention since they were first published before the summer recess. Because the Bill leaves so much of the detail to secondary legislation, it has been a case of piecing together the landscape bit by bit to understand what the new rules may look like in practice. Some commentators highlighted the limited scope of the original provisions, which covered harassment and discrimination only. At almost the last opportunity before Royal Assent, the government has now broadened the clause to include failure to make reasonable adjustments. So, what do we know so far, and what is still to unfold?
The government’s amendments to the Employment Rights Bill will mark a significant shift in the way confidentiality can be used in the workplace. For the first time, clauses in employment contracts and settlement agreements that attempt to prevent workers from speaking about harassment, discrimination or the failure to make reasonable adjustments will be void.
This is an important change for employers. Confidentiality clauses have long played a role in resolving disputes, balancing the need to protect business interests with the desire to bring closure to difficult situations. The new provisions are designed to prevent their misuse, ensuring that allegations of harassment or discrimination cannot be silenced.
A clearer picture is now beginning to...
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