The Equality and Human Rights Commission (EHRC) has recently updated its guidance on confidentiality agreements, also known as non-disclosure agreements (NDAs), in the context of workplace harassment and discrimination.
Confidentiality agreements are often included in settlement agreements, which are used to resolve disputes between employers and employees. NDAs can be used to prevent employees from speaking out about their experiences of harassment or discrimination, but they can also be misused to silence victims and protect perpetrators.
The EHRC`s guidance aims to ensure that confidentiality agreements are used appropriately and in a way that upholds the rights of employees to speak out about wrongdoing in the workplace. The guidance is directed at employers, lawyers, and employees who may be asked to sign NDAs.
The guidance states that NDAs cannot be used to prevent employees from reporting harassment or discrimination to the police or other law enforcement agencies. They also cannot be used to prevent employees from making a protected disclosure, also known as “whistleblowing”, about illegal activities or wrongdoing in the workplace.
The EHRC also advises that NDAs should be specific and limited in scope. They should not be used to prevent employees from discussing general information about their workplace or their experiences with others, such as family members or therapists. NDAs should be clear about what information is confidential and how it can be shared.
The EHRC`s guidance also highlights the importance of ensuring that employees are fully informed about the implications of signing an NDA. Employers should ensure that employees receive independent legal advice before signing an NDA, and that they understand the implications of the agreement on their ability to talk about their experiences in the future.
Overall, the EHRC`s guidance on confidentiality agreements aims to address the misuse of NDAs to protect perpetrators and silence victims of harassment and discrimination in the workplace. By ensuring that NDAs are used appropriately and in a way that upholds employees` rights, the EHRC is helping to create safer and more inclusive workplaces for all.
