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The Solicitors’ Regulation Authority (“SRA”) has recently released new guidance for law firms on how to (not) deal with confidentiality clauses (referred to in the media as “gagging clauses”) if allegations of discrimination, harassment or victimisation are made.

The guidance states that, if allegations of discrimination are made by a lawyer against her law firm and these allegations are upheld, with a settlement agreement (containing confidentiality clauses) agreed, the law firm concerned must, despite the confidentiality obligations, report the allegations of discrimination to the SRA (as the SRA views discrimination as a misconduct that “comprises a serious breach of [a solicitor’s] regulatory obligations”). A failure to report a breach is also likely to be treated a a serious breach of regulatory obligations.

The guidance also states that confidentiality obligations will be viewed as improper if they

  • seek to prevent a third party from: 1) reporting misconduct or a breach of the SRA regulations (or make an equivalent report to another regulatory body); or 2) making a protected disclosure under the Public Interest Disclosure Act 1998; or 3) reporting an offence to a law enforcement agency; or 4) cooperating with a criminal investigation or prosecution;
  • use confidentiality obligation to influence the substance of such a report, disclosure or cooperation; or
  • use existing confidentiality obligations as a means of improperly threatening litigation against, or otherwise improperly seeking to influence, an individual in order to prevent or deter or influence a proper disclosure

The guidance also states that law firms must be particularly careful to ensure that if the employee is not represented there is no abuse of position or unfair advantage taken, and if the agreement is a “settlement agreement” under the Employment Rights Act 1996 then the employee must receive independent legal advice (see here for our analysis of the statutory requirements of settlement agreements)

This new guidance from the SRA comes in the wake of media scrutiny of confidentiality clauses, which was itself prompted by (among other things) the revelations that Harvey Weinstein used confidentiality clauses in settlement agreements to prevent ex-employees of his production company disclosing misconduct on his part.

Chris Hadrill, partner in the employment team at Redmans, commented: “This guidance from the SRA simply reinforces the obligation for solicitors to report misconduct in the workplace and, further, that they not attempt or endeavour to assist an attempt to prevent a third party from reporting regulatory breaches or making protected disclosures.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

4.76 Average

117 Reviews

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 4 days ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 5 days ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 5 days ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 5 days ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 5 days ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 5 days ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 2 weeks ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 3 weeks ago

Tim O

Experienced and competent advisors

Posted 3 weeks ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 3 weeks ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 3 weeks ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 4 weeks ago

Anonymous

Good service

Posted 4 weeks ago

Anonymous

Excellent professional service. Highly recommend.

Posted 4 weeks ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 1 month ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 1 month ago

Anonymous

Fantastic and quick service!

Posted 1 month ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 1 month ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 1 month ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 1 month ago

Trish B

Professional and efficient. A pleasure to deal with.

Posted 1 month ago