Confidentiality clauses and discrimination

In 2019, the government consulted on the role played by confidentiality clauses (in employment contracts and settlement agreements) in suppressing evidence of discrimination and harassment and helping persistent offenders to get away with it. In October 2019, the EHRC published new advice and guidance for employers on using confidentiality clauses when settling discrimination claims, The use of confidentiality agreements in discrimination cases. This guidance is available on the EHRC’s website.