Open consultation

Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination

Summary

We're seeking views on proposals to improve the regulation of confidentiality clauses, also known as non-disclosure agreements or NDAs.

This consultation closes at

Consultation description

Confidentiality clauses, also known as non-disclosure agreements or NDAs, are provisions which seek to prohibit the disclosure of information. They serve a useful and legitimate purpose in the employment context, as part of both employment contracts and settlement agreements. However, a number of cases have come to light where employers have used confidentiality clauses to prevent victims of workplace harassment or discrimination from speaking out.

The purpose of this consultation is:

  • to better understand how confidentiality clauses and the legal framework around them work in practice
  • to assess what changes are required to ensure individuals are appropriately protected from their misuse

Documents

Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination

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Ways to respond

or

Email to:

ndaconsultation@beis.gov.uk

Write to:

Confidentiality clause consultation
Individual Rights and Migration Branch
Department for Business, Energy and Industrial Strategy
1st Floor, Spur 1
1 Victoria Street
London
SW1H 0ET

Published 4 March 2019
Last updated 1 March 2019