Non-Disclosure Agreement

• Settling sexual harassment claims: Confidential or not?

  16th Jun 2022

  ‘Some Non-Disclosure Agreements go well beyond protecting the sanctity of the conciliation process or the confidentiality of the amount paid, and operate as a ‘gag’ order on the complainant about almost everything relating to the circumstances of their complaint. NDAs drafted in this manner involve a huge degree of overreach, which serves the interests of the perpetrator and/or their employer and their reputations, rather than the interests of the complainant.’ So writes Rachel Doyle SC – proposing an alternative approach that favours transparency and the broader public interest, particularly in cases where the perpetrator is a high profile individual.