Welcome to our survey on the use of NDAs in sexual harassment cases.
 
Your submission is anonymous and very much appreciated.
 
 

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* 1. Do you consider that there should be a total ban on confidentiality provisions in settlement agreements dealing with sexual harassment allegations?

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* 2. Do you think introducing a total ban on confidentiality provisions in settlement agreements would help prevent sexual harassment in the workplace?

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* 3. Do you think introducing a total ban on confidentiality provisions in settlement agreements would make employers less willing to enter into agreed settlements with workers who claim sexual harassment?

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* 4. Would you support an extension of s43J of the Employment Rights Act 1996 to render void any confidentiality provision which purports to prevent a worker from making a disclosure, in the public interest, of any serious wrongdoing?

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* 5. Would you support an obligation being placed on advisers to expressly flag up the presence of confidentiality provisions in a settlement agreement and to provide statutory advice on their effect and limitations?

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* 6. Would you support the inclusion in all confidentiality provisions of mandatory wording setting out the limitations of confidentiality provisions (e.g. that they do not prevent an individual from making protected disclosures under the whistleblowing legislation; from making disclosures of serious misconduct in the public interest, or from making disclosures which are required by law)?

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* 7. Would you support the introduction of a mandatory cooling off period of, for example 7 days, before settlement agreements containing confidentiality provisions become binding on a worker?

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* 8. Do you have any further comments on the use of confidentiality provisions and NDAs in relation to sexual harassment complaints?

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* 9. Please indicate your interest in these issues:

Thank you for your response. Your replies to this survey will be treated as confidential and collated on an anonymised basis only. If you would like further information on issues relating to the use of NDAs in sexual harassment cases, please contact Clare Murray or Beth Hale.

Please do forward this confidential survey to colleagues and contacts who you think might be interested in the issues relating to the use of NDAs in sexual harassment cases, to help us provide as wide a range of views as possible on this important topic. Thank you!

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