Source · Select Committees · Women and Equalities Committee
Recommendation 32
32
Accepted in Part
Until the law is changed banning the misuse of NDAs, anyone being asked to sign...
Recommendation
Until the law is changed banning the misuse of NDAs, anyone being asked to sign an NDA should have an automatic right to seek advice from qualified lawyers at CIISA. No individual should be provided with legal advice by a law firm also acting for the other party. (Recommendation, Paragraph 140)
Government Response Summary
The government supports the report's conclusions on NDA misuse but states CIISA cannot provide specific legal advice due to conflict of interest. Instead, CIISA will ensure individuals get access to expert, independent support and advice from other sources.
Government Response
Accepted in Part
HM Government
Accepted in Part
We strongly support the report’s conclusions about the misuse of NDAs and the legislative solution that is required. Such restrictive clauses should never be used to stop someone from reporting discrimination or harassment, or to cover up inappropriate and harmful behaviour, especially if there is a risk of it happening again. NDAs should also never be used pre-emptively, apart from to protect intellectual property, especially in the circumstances where there is no access to legal advice. CIISA will look to ensure that anybody who wants to raise a relevant concern to us can do so without fear of being penalised due to an inappropriate confidentiality clause – particularly when their insight will help ensure others do not have to experience the same, repeated negative behaviours. We will look carefully at our approach to this area when designing our service, which may include identifying whether any regulatory or legislative change is needed. As an independent body, CIISA would not be able to provide specific legal advice on NDAs on individual cases as proposed in this recommendation, as that may give rise to potential conflict of interest. CIISA will, however, make sure people get access to expert, independent support and advice from others when needed.