Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination

Confidentiality clauses, also known as non-disclosure agreements or NDAs, are provisions which seek to prohibit the disclosure of information. They serve a useful and legitimate purpose in the employment context, as part of both employment contracts and settlement agreements. However, a number of cases have come to light where employers have used confidentiality clauses to prevent victims of workplace harassment or discrimination from speaking out.

The purpose of this consultation is:

• to better understand how confidentiality clauses and the legal framework around them work in practice
• to assess what changes are required to ensure individuals are appropriately protected from their misuse