These new guidelines follow recent media coverage of the application of confidentiality agreements (NOA) in cases of sexual harassment or discrimination in the workplace. We summarize some of the most important points below. The general tendency of the guidelines is to explain what cannot be sought to gag – where it would be wrong to impose a duty of confidentiality. Therefore, even if employers do not offer traditional and tailored NOAs, the orientation is structured so that employers pay attention to it when developing different agreements. Our team of labour law officers is able to provide advice to employers and workers regarding NDAs. If you have questions about establishing appropriate NDAs or have received an NDA or a transaction contract, our team of labour law officers is available. Please contact us on 0131 247 2534 for more information. NOAs can be complex. The Acas guide sheds new light on its use, but how should you interpret and implement them in your workplace? If you`re a little unsure, it`s worth calming down.

Call Croner today on 01455 858 132. Acas`s new guidelines are clear: NDAs cannot be used to prevent anyone from doing so: Acas has released new guidelines on confidentiality agreements. It includes the development, use, abuse and restrictions of the NDA and confidentiality clauses. The use of confidentiality agreements (NOAs) has been widely reported in recent times, particularly allegations that some employers have deliberately abused them to prevent allegations of sexual harassment, discrimination and whistleblowing. In response, the labour law organization ACAS has released new recommendations that help employers and workers understand what the NDA is and how they can prevent their abuse. The Board states that, in certain situations, the NOA may be used legally to prevent the disclosure of sensitive business information or trade secrets. The new guidelines emphasize that it is not appropriate to use them to prevent a person from reporting sexual harassment, discrimination and informants, now or in the future. The guide explains that NDAs should not be used to hide a problem or to hide it. 3.

The guidelines state that such agreements must be reasonable and take into account human and employment rights, such as the right to a fair trial and freedom of expression. The guide also outlines restrictions on the use of NSOs and confidentiality clauses. In particular, it should be taken into account that workers may wish or have to share with specific organizations, such as. B: Confidentiality agreements should not be used to deter someone from reporting discrimination or sexual harassment, or to blow the whistle on workplace practices, as the Acas guideline states.