The commission has just published its report published following the government consultation on the regulation of NSDAs in cases of harassment and discrimination in the workplace (see our update). In the meantime, the government has published its response to the report of the Committee on Women and Equal Opportunities (WEC) on the use of confidentiality agreements (NDAs) in cases of unlawful discrimination and harassment, in order to highlight the continuing interest in this regard. This response essentially sets out the legislative proposals announced in July. “The government must reset the parameters of the use of confidentiality agreements and address the failure of the labour justice system to ensure that all employees who have been discriminated against have a useful means of redress.” The good practice guidelines are not legally binding, but they are undoubtedly used by workers and their advisors to question the use of comprehensive confidentiality clauses in agreements to regulate discrimination rights. It remains to be seen how this will co-exist with future legislation. Support for complaints from other employees about discrimination and harassment Home ” All topics ” Report of the Women and Equality Commission: The use of confidentiality agreements in cases of discrimination While the EHRC guidelines are described as reflecting good practices, some content probably goes beyond minimum legal requirements and established practices. It highlights the increasing complexity of managing allegations of discrimination. The guidelines recommend this method to allow for the tracking of systemic discrimination issues within the organization. Centralized registration could include: where confidentiality agreements have been used; for what type of claim they were used; who has been the subject of accusations of discrimination; what type of confidentiality agreement was used; and why they were used.
If some of these recommendations are expected (for example. B to ensure that no pressure is exerted to conclude the agreement), other aspects of the guidelines are newer. For example, if your organization agrees to leave staff through a settlement agreement, would there still be an investigation into allegations of discrimination? Is there a centralized record of confidentiality agreements in cases of discrimination? These and other key aspects of the guidelines are discussed below. The guidelines suggest that the employer does not consider the settlement agreement to be the end of the case and that “to the extent possible and reasonable” it should investigate and take appropriate measures to prevent discrimination from recurring in the future. It describes best practices for using confidentiality agreements and when they would be illegal. Where a confidentiality clause is used, drafting should be limited to what is necessary. For example, the Guidelines suggest that it is not necessary to impose a general provision on the disclosure of an act of discrimination where the employer`s primary ground is to preserve the confidentiality of the compensation awarded for that act. . .