Non-Disclosure Agreements and Confidentiality Clauses

There has been much discussion about the appropriateness of the use of “non-disclosure agreements” or NDAs. These are also sometimes referred to as “gagging”, which is an emotive term since it is suggests a distasteful attempt to prevent someone telling the truth or exposing some wrongdoing.

In the context of employment relationship coming to an end, these are not normally stand-alone agreements, but rather they are clauses in wider agreements designed to settle disputes.

Summary of the article

In summary, the use of NDAs in settlements reached to resolve employment disputes remains a useful and appropriate tool, provided it is used lawfully and with integrity. However, employers should understand their limitations, and be alive to when their use is inappropriate and could be detrimental to the reputation of the organisation.

In any situation where an employer is considering that the employment of an employee may come to an end and is considering offering a settlement, specific advice should be taken to ensure that all of the formalities are taken care of to ensure that the agreement entered into is legally binding, but that the restrictions are no wider than they need to be.

Disclaimer

This article intended as a guide and for general information only and is not a substitute for taking specific advice relating to your situation. For specific advice on a particular situation, you can contact Mark Mason Employment Law on 028 9084 8899 or email them at mark@markmasonlaw.co.uk. Please note that Global Connections members can benefit from an initial 20-minute no-cost telephone consultation.

Mark Mason Employment Law is a network associate of Global Connections. Mark advises employers on all aspects of employment law. Mark and his team are experienced in advising churches and mission agencies on employment law and HR in their particular context.