The use of NDAs has been in the headlines regularly since the #Metoo campaign. NDAs, which are designed to prevent staff from discussing the conditions, facts and circumstances that lead to the settlement of a claim, often end up in transaction agreements. The controversy generated by the #Metoo campaign is due to the fact that these provisions prevent others from knowing serious and serious complaints about sexual harassment between the employer and the worker. The application of the NDA is increasingly being studied in a large number of cases and the government is considering its possible future regulation. For example, I regularly see a clause in transaction agreements that justifies the employee not to have committed serious misconduct (z.B.). Since these agreements are often concluded when a worker is accused of this, I have to ask myself what is the point of these agreements. (Another rhetorical question). An employee in such a position should never accept such a clause if he or she conditions the payment to the accuracy of the guarantee. Nevertheless, I regularly see that the clause appears, which seems to me to be thoughtless, and I regularly see that employees accept the clause if they do not. Our multi-billing consulting service provides employers who are dealing with job reductions with a special, inexpensive and efficient package.
We offer employees competent and independent legal advice that will save you time, money and trouble. For those working in the NHS and in the health and social services sector, it is important to consider the use of confidentiality clauses in settlement agreements in light of #Metoo, NHS employers` best practice guidelines and a recent labour court decision. In February 2019, NHS employers issued new guidelines on transaction agreements that should be taken into account when entering into transaction agreements in the NHS. The most recent guidelines reflect previous general NHS recommendations regarding transaction agreements and the need to exclude an individual`s right to rule on all confidentiality rules. It also goes a step further with regard to the application of confidentiality clauses, undoubtedly in the context of the broader #Metoo discussions, and contains the following guidelines regarding good practice: it is generally considered that transaction agreements should not prevent a worker from expressing his concerns after the termination of employment and should not prevent the worker from referring such matters to regulatory authorities or professional authorities such as NMC, GMC, etc. But earlier this year, Health Minister Matt Hancock made a freedom of information request. it appears that some agreements in the NHS contained provisions to stop the use of NHS in the NHS in order to prevent so-called whistleblowers from speaking out: in short, the lawyers themselves need better training and perhaps a certification procedure is more appropriate to demonstrate that lawyers are competent in this particular discipline than the current deregulation that allows these agreements to be advised. In May 2015, an employment tribunal ruling in an NHS (AHS/University Hospital of Morecambe Bay NHS Trust) case found that a specific transaction contract containing provisions of the NOA signed by a delegated union delegate had been entered into by the employee without evidence that the union councillor had deliberated personally, by telephone or other means.