NDAs and confidentiality agreements: Parliamentary inquiry launched

MPs have launched an inquiry into workplace harassment, with particular regard to the use of non-disclosure agreements (NDAs) in the context of sexual harassment.

Although this may be welcome, we have to be very clear about what benefits there are to claimants in the use of confidentiality agreements as part of a settlement following harassment and/or termination of employment following their being harassed. We should be slow to outlaw these, as claimants/victims should be given a choice as to what is right for them in order to move on and draw a line under the trauma. No victim should be forcibly prevented (directly or indirectly) from entering into a settlement agreement with the alleged perpetrator (or those liable for the perpetrator’s actions). No victim should be criticised for refusing or not feeling able to litigate on the matter or report the matter to the police – to criticise them in this way places blame or responsibility (yet again) on the victim.

See here for the relevant BBC article.