NDAs ‘should not silence sexual harassment claims’

LONDON (ENGLAND)
BBC

February 10, 2020

Non-disclosure agreements (NDAs) should not be used to prevent someone from reporting sexual harassment in the workplace, according to new guidance.

Arbitration service Acas has published advice for firms and workers about NDAs, including how to avoid misuse.

Several high-profile scandals have exposed how NDAs are often used to silence mainly women alleging sexual harassment and misconduct.

Acas said misusing these agreements can be “very damaging” to an organisation.

NDAs are contracts or parts of contracts that typically prevent staff and ex-staff making information public.

They can apply to commercially sensitive details such as inventions and ideas, or anything likely to damage an organisation’s reputation, and are sometimes known as “gagging orders” or “hush agreements”.

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