NDAs and workplace sexual harassment

In the wake of the #metoo and #timesup movements, the issue of non-disclosure agreements (NDAs) that could have prevented victims of sexual harassment from speaking rightfully to the relevant authorities came into focus.

Reports reached us of clauses prohibiting proper disclosure being included in such agreements. These clauses are accepted as against the law and ultimately unenforceable.

In response, we published a warning notice reminding the profession of its responsibilities, not least the fact that solicitors, as officers of the court, should be upholding the rule of law and proper administration of justice. A number of complaints were made to us about improperly-drafted NDAs and we continue to look at these reports to see if action is necessary.

Our warning notice from last year is available here:

Go to our warning notice

The Law Society has echoed the sentiments of our notice in its practice note on the same subject, which was published last month. You can read it here:

Go to the practice note