In October 2019 the EHRC issued guidance on the use of
confidentiality agreements in discrimination cases. ACAS has now
issued its own less technical guidance on non-disclosure agreements
(NDAs), which is aimed at employers, managers, HR professionals,
workers, union representatives and job applicants. The guide refers
to confidentiality clauses that might be included in settlement
agreements, COT3 agreements or contracts of employment generically
as NDAs.
In particular, the guidance emphasises that NDAs of this type
should not be used:
- As a matter of routine;
- To cover up inappropriate behaviour
or wrong-doing, particularly where there is a risk that behaviour
could be repeated;
