The Mudcat Café TM
Thread #165139   Message #3959075
Posted By: Iains
29-Oct-18 - 12:06 PM
Thread Name: BS: 'Sir' Philip Green
Subject: RE: BS: 'Sir' Philip Green
The Solicitors Regulation Authority has issued a warning notice reminding law firms that non-disclosure agreements must never be misused as a way of covering up sexual misconduct in the workplace.(Published UK on 29-Mar-2018)

As a matter of law, NDAs cannot be used to prevent the victim from making protected disclosures to relevant bodies. The warning notice highlights that:

    NDAs should never be used to improperly threaten litigation or other adverse consequences.
    Law firms could face harsh disciplinary action if they use NDAs to prevent or deter victims from reporting allegations of sexual misconduct to the SRA, other relevant regulatory bodies or the police.

The SolicitorsRegulation Authority recognises that NDAs have a legitimate role, but the warning notice warns that they should not be drafted improperly so as to prevent or deter the victim from reporting the matter to a relevant regulatory body or, if it is a criminal matter, the police. NDAs are legally binding and any breach is actionable by an employer on the basis of a breach of contract potentially leading to damages or injunctive relief. Unfortunately, it appears that many employers have been using NDAs in settlement agreements so that financial compensation is offered as “hush money” to avoid significant reputational damage relating to the alleged sexual misconduct.
When used in this manner they can act as a deterrent so that victims of sexual harassment never come forward and report the matter, because they misinterpret NDAs to mean that they need to keep quiet at all costs or be sued for not doing so and risk losing all or part of the financial compensation in the process.

To me this seems typical solicitor speak. Another interpretation suggests that if the NDA is hiding criminal activity it is void anyway
No doubt the lawyers thrive on such confusion as it prints money for them.