EHRC: no more excuses for NDA abuse

Lawyers should not have to take all responsibility for drafting and negotiating non-disclosure agreements (NDAs), the Equality and Human Rights Commission (EHRC) has said.

21 Oct 2019

Lawyers should not have to take all responsibility for drafting and negotiating non-disclosure agreements (NDAs), the Equality and Human Rights Commission (EHRC) has said.

In new guidance on the use of confidentiality agreements in discrimination cases, the Commission said it was “calling time” on NDAs being used to cover up discrimination, harassment or victimisation.

The guidance aims to provide employers and employees with clarity on the law around NDAs and outline when and how they can be used.

It also sets out good practice on the use of NDAs to encourage greater transparency and improved understanding of different types of discrimination at work, “so systemic problems can be identified and tackle...

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