The Equality and Human Rights Commission has this week published new Guidance: The use of confidentiality agreements in discrimination cases (October 2019). The Guide is not legal and is presented as good practice directions without setting out any legal requirements. Key recommendations include that in most cases employers should not use confidentiality agreements to stop a worker discussing an act of discrimination, that employers should pay for a worker to receive independent advice (including covering the adviser negotiating changes to the agreement if necessary) even if the worker ultimately chooses not to sign, and that the use of a confidentiality agreement should be signed off by a director or appropriate delegated senior manager.
This guidance follows recommendations made by the Work and Equalities Select Committee In June 2019 and the Government’s proposed reforms published in August 2019.
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