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31 Oct 2019

Nick Barnard comments in The Times on NDAs in discrimination cases

Associate Nick Barnard has commented in The Times regarding the Government’s response to the Women and Equalities Select Committee’s report on non-disclosure agreements in discrimination cases.

Nick said: “Investigating complaints of sexual misconduct presents a particular challenge for employers. In addition to considering professional and regulatory standards, such allegations may well also amount to a criminal complaint. In such circumstances, many employers fail to realise that additional safeguards are vital to protect all involved, and to prevent an internal investigation inadvertently prejudicing a criminal investigation.

“The Government’s response on the use of non-disclosure agreements mirrors the clear guidance already issued by the Law Society that such agreements can never lawfully prohibit a criminal or regulatory complaint.

“Employers need to keep in mind that, although a complaint may ostensibly have been resolved within the organisation, an external investigation can never be ruled out. As such, it is important that internal processes do not diminish the ability of the police or a regulator to carry out a fair and thorough investigation.”

To read the full article in The Times, please click here