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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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