28 October 2019
In July the Government published proposed action points on the use of confidentiality clauses (sometimes referred to as NDA's) in employment contracts and settlement agreements. The Government was rather opaque on the timeframe for implementing its proposals and realistically it is unlikely that new legislation will be implemented before 2020. However, the Equality and Human Rights Commission ("EHRC") have just published Guidance on the use of confidentiality agreements in discrimination cases setting out good practice and clarifying the law on their use. This Briefing explores that Guidance and possible action points for employers.