Government publishes its response to NDA consultation

The Government’s response to the consultation on the misuse of confidentiality clauses (also known as “non-disclosure agreements” or “NDAs”) was published yesterday morning. The purpose of the consultation (available here) was to explore how NDAs and their legal framework operate in practice, and to assess what changes are required to ensure that individuals are appropriately protected from their misuse.

Farore Law was present at the roundtable discussion with the Government Department for Business, Enterprise and Industrial Strategy (“BEIS”) to provide its input on the legal issues.

In response, the Government intends to take a number of actions, including:

  • legislating so that NDAs cannot prevent disclosures to the police, regulated health and care professionals and legal professionals;

  • legislating so that limitations in NDAs are clearly set out in employment contracts and settlement agreements;

  • producing guidance for solicitors and legal professionals responsible for drafting settlement agreements;

  • legislating to enhance the independent legal advice received by individuals signing NDAs; and

  • employing enforcement measures for NDAs that do not comply with legal requirements in written statements of employment particulars and settlement agreements.

The full response is available to view here.

Suzanne McKie QC provides evidence to the Women and Equalities Committee inquiry on sexual harassment in the workplace

Suzanne McKie QC provided evidence to the Parliamentary Women and Equalities Committee inquiry into sexual harassment in the workplace. Zelda Perkins, former assistant to Harvey Weinstein, was among the other witnesses present.

NDAs - Non Disclosure Agreements - have been used to prevent employees from reporting sexual harassment to the police and enabled individuals and organisations to avoid the consequences of repeated offences. The groundswell of public indignation over this abuse of power and position (that is reflected in #MeToo and has caused the spectacular collapse of the career of film producer Harvey Weinstein and others) has focussed the attention of our lawmakers on how well the rights of individual employees are protected in practice

Parliamentary Select Committees are the forum where MPs gather evidence and consult expert opinion to understand better how the law works at present and to consider whether changes need to be made.

As you will see from the clip below, Suzanne McKie QC is very clear on where she stands on this matter.