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New UK guidance on non-disclosure agreements

Publish date: 12 February 2020
Issue Number: 322
Diary: Legalbrief Workplace
Category: Workplace

Non-disclosure agreements (NDAs) must not be used to stop someone from reporting discrimination or sexual harassment or from blowing the whistle on workplace practices, Personnel Today reports new Advisory, Conciliation and Arbitration Service (Acas) guidance has directed. The new guidance on the use of NDAs by employers states that such agreements should not be used to brush a problem under the carpet and, where they are used in a reasonable situation, they should not be used routinely. Susan Clews, Acas CEO, said: ‘The media has reported on victims coming forward that have alleged appalling abuse by high profile figures who have then tried to use NDAs to silence whistleblowers. NDAs can be used legitimately in some situations but they should not be used routinely or to prevent someone from reporting sexual harassment, discrimination or whistleblowing at work.’

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