Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

The Law Society has published guidance confirming that solicitors involved in drafting ‘non-disclosure agreements’ (“NDAs”) within employment settlement agreements (also known as ‘severance agreements’) must take into account the public interest if there is a conflict of principles.

The new guidance entitled “Non-disclosure Agreements and Confidentiality Clauses in an Employment Context” confirms that when drafting settlement agreements solicitors should, when taking instructions from clients and drafting the agreements, consider wider public policy issues of public interest if the agreement intends to prevent an employee from disclosing sensitive information (such as, for example, allegations of sexual harassment).

The publication of the guidance follows the controversy that emerged last year regarding firms of solicitors drafting settlement agreements that prevented the relevant employee from disclosing to third parties that they had been sexually harassed at work. It follows on from SRA guidance published last year warning solicitors about potential breaches of the SRA Code of Conduct that could result from failing to suitably take into account the public interest when drafting settlement agreements.

The Law Society’s guidance reminds solicitors that, when drafting settlement agreements, whether for the firm or for a client, they should consider whether any confidentiality clauses in the agreement are ‘appropriate and lawful’ clauses seeking to protect trade secrets or prevent the details of a dispute being made public or, alternatively, whether it seeks to prevent the employee from disclosing an ‘unlawful act’.

The guidance also confirms that “‘It is unlikely to be legitimate to ask a person to sign a [settlement agreement] in which they agree not to disclose an unlawful act that has not yet happened, as the chances of such an agreement being legally enforceable are slim.”

What is a settlement agreement? Our solicitors explain.

Chris Hadrill, the partner in the employment department at Redmans, commented on the guidance: “Confidentiality clauses in settlement agreements serve an important purpose, in that they essentially ‘put a lid’ on the facts and circumstances of a potential or existing dispute between an employer and an employer. Although this guidance is welcome, the Employment Rights Act 1996 already prevents employers from seeking to ‘gag’ employees from disclosing certain types of behaviour in the workplace to the authorities, to their lawyer, or direct to the employer.”

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).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your first name (required)

Your last name (required)

Your email (required)

Your telephone number (required)

Brief details of your enquiry

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.76 Average

204 Reviews

Anonymous

Excellent advice and customer service.

Posted 4 weeks ago

Aneet G

I would definitely recommend Redmans. Very impressed with service provided. They were extremely proactive in handling my case which made things easier for me. Provided sound advice and resolution. Special credit for this goes to Chris who dealt with my case with great determination and consideration.

Posted 1 month ago

Fern M

Very efficient and friendly

Posted 1 month ago

Neville S

A professional and friendly service, which I would highly recommend.

Posted 1 month ago

Daniel T

Extremely helpful and made a bad situation much more manageable. Where other solicitors seemed disinterested in my situation Redmans immediately made me feel like it was a team effort to achieve a more favourable outcome

Posted 1 month ago

Paul T

Excellent, quick and informative. Chris was a real star and gave me confidence during the uncertainty if a redundancy settlement.

Posted 1 month ago

Marina E

Felt in very capable hands was listened to and given excellent advice. Would not hesitate to recomend and use again if needed.

Posted 1 month ago

Rosa B

Fabulous service all round.

Posted 1 month ago

Anonymous

Redmans were quick to respond to my enquiry and dealt with my case professionally and personably. I received sound advice and was put at ease by Chris Hadrill, Partner.

Posted 1 month ago

Alkhas K

Excellent service.

Posted 1 month ago

Mathias G

Contacted them regarding my end of employment agreement. Chris Hadrill dealt with it and was done and handed back to employer same day more than happy with there service.

Posted 2 months ago

Mark W

Most professional from start to finish offering very a personal service. Most impressive and quick when dealing with the matters in hand.

Posted 3 months ago

Anonymous

Posted 3 months ago

submit

I am very glad I came across Redmans Solicitors. Fantastic service!

Posted 3 months ago

Anonymous

Fantastic communication, always happy to answer queries, highly recommended.

Posted 3 months ago

Wavenie B

They were very straight to the point, friendly and understanding people. I felt they had my best interest. They were easy to get hold of, replies were almost instant. 5/5 for customer service

Posted 3 months ago

Christina P

Caroline was fantastic to work with - extremely knowledgeable, supportive, thorough and honest. I definitely recommend Redmans!

Posted 3 months ago

Anonymous

Very well done and fast support. Professional and reliable. Highly recommended!

Posted 3 months ago

Helene L

They were very knowledgable in the respected area in terms of change in law/regulations that is crucial for the clients who are seeking for legal arvice.

Posted 3 months ago

Sara R

Very helpful and wonderful advice

Posted 3 months ago

Marie D

very good service all digitalised

Posted 3 months ago