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The fall from grace of non-disclosure agreements

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Revelations about the inappropriate use of non-disclosure agreements, or NDAs, in the silencing of victims of sexual harassment, has led to a significant public and political backlash about their use. This has led to a number of proposals for change, most recently in the form of guidance from the Equality and Human Rights Commission on the use of NDAs in discrimination cases.

Maria Strauss and Amy Wren discuss how NDAs have fallen out of favour and provide advice on where to go from here. Included in this article is a summary of the Equality and Human Rights Commission’s guidance, which has the potential to create onerous obligations for employers.

Read the full note here.

If you require further information about anything covered in this blog, please contact Maria StraussAmy Wren, or your usual contact at the firm on +44 (0)20 3375 7000.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, January 2020

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About the authors

Maria Strauss lawyer photo

Maria Strauss

Partner

Maria advises a broad spectrum of clients including private companies, not-for-profit organisations, independent schools, banks, sports clubs, Churches and faith-based organisations on employment law and safeguarding matters.

Maria advises a broad spectrum of clients including private companies, not-for-profit organisations, independent schools, banks, sports clubs, Churches and faith-based organisations on employment law and safeguarding matters.

Email Maria +44 (0)20 3375 7259
Amy Wren lawyer photo

Amy Wren

Senior Counsel

Amy is a Senior Counsel and Knowledge Lawyer in the employment team, providing expert technical legal support to the team and leading its know-how function. Given the fast-changing nature of employment law, Amy ensures the team is at the forefront of all legal changes and can provide the best possible advice to our clients.

Amy is a Senior Counsel and Knowledge Lawyer in the employment team, providing expert technical legal support to the team and leading its know-how function. Given the fast-changing nature of employment law, Amy ensures the team is at the forefront of all legal changes and can provide the best possible advice to our clients.

Email Amy +44 (0)20 3375 7627
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