- NDAs and sexual harassment by third parties
- To what extent can NDAs signed in advance prevent workers speaking out about misconduct which occurs in an employment setting, eg things they see or hear or things that happen to them?
- Do you think there is a problem in relation to the awareness people have about what is and what is not legally binding in an NDA, in particular where the person asked to sign it is in a more vulnerable bargaining position?
- Following the Presidents Club scandal, the Prime Minister is reviewing the operation of NDAs. What changes do you think would improve the current situation? What changes, if any, do you think are likely to be implemented?
- At the Presidents Club event it is alleged that attendees sexually harassed hostesses. What protection do workers have in relation to acts of third parties (ie those who are not co-workers for whom their employer is vicariously liable)?
- Does this limited protection make NDAs more effective in keeping confidential the misconduct of third parties in comparison to the acts of an employer or co-workers?
Employment analysis: Following the Presidents Club scandal, Nicholas Lakeland, an employment partner at Laytons LLP examines the extent to which non-disclosure agreements (NDAs) prevent workers from speaking out and whether there is a lack of awareness about what is and what is not legally binding in an NDA.
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