David in HR Magazine – NDAs in settlement agreements have an important role, despite a campaign to ban them
It is wrong to assume that an NDA or confidentiality agreement is always imposed on the employee. Not all former employees exiting under a settlement agreement will want their business to be made public. In those cases they actively seek the security that an NDA or confidentiality agreement will give them.
There are misconceptions about NDAs and it is often wrongly reported that signing one completely shuts the employee down. However, settlement agreements always expressly allow for the former employee to whistleblow and report matters to the police.
NDAs have an important role, despite a campaign to ban them. Campaign groups Pregnant Then Screwed and Can’t Buy My Silence are calling for non-disclosure agreements (NDAs) to be banned in employment disputes.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
