International Employment Lawyer
In the UK, Littler UKโs Philip Cameron tells IEL that, even without a ban, the legal landscape can still be hostile towards NDAs in these situations.
โThere is already a lot of controversy around using NDAs in all sorts of circumstances,โ he says. โThe Solicitors Regulation Authority (SRA), for example, has issued a warning notice in relation to the use of NDAs and the advice that lawyers give in relation to them.
โNDAs are difficult to enforce in any event, and in some circumstances โ where there is criminal conduct, for example โ they will not be valid.โ
He adds: โCare needs to be taken with NDAs in all situations โ the SRAโs warning notice regarding their use applies to all sort of situations, including those involving sexual misconduct.
โNDAs canโt be used to prevent disclosure to the police or a regulator, or where someone is making a protected disclosure. So, their use has become really quite limited.โ
Cameron continues: โPerhaps the best way to prepare for a potential ban is to comply with the current legal duty to take reasonable steps to prevent sexual harassment in the workforce.
โEmployers need to have clear policies in place, give meaningful training, enforce their policies, and live and breathe the values that are expressed in these policies.โ
