NHS Employers responds to misuse of non-disclosure agreement consultation
Take a look at the key messages from our submission to the consultation.
NHS Employers has submitted its response to the government consultation on misuse of non-disclosure agreements (NDAs), which closed on 8 July.
The organisation supports the government’s aim of stopping the misuse of NDAs in cases of harassment and discrimination. Staff should feel able to speak up, raise concerns and report wrongdoing without fear. In the NHS, this is important for patient safety, staff wellbeing and creating positive workplace cultures.
Key points in the response
- We welcome consultation proposals where they make settlement agreements easier to understand and ensure workers know their rights. Any new requirements should be clear, practical and supported by straightforward guidance.
- We suggest that confidentiality clauses should only be used where the worker freely agrees to them, understands what they mean and has access to independent advice.
- We advise to take care not to weaken existing ways of resolving disputes, such as Acas-facilitated COT3 agreements, or create unnecessary processes that make disputes harder to resolve.
Further information
Full details of the consultation can be viewed on GOV.UK.
Updated guidance on the use of settlement agreements and confidentiality clauses is on our website.
For queries, please contact us.
