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06 March 2019
Issue: 7831 / Categories: Legal News , Employment
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No more dubious NDAs?

Tougher legal safeguards could be introduced to give workers greater protection from abuse of non-disclosure agreements (NDAs).

The government is proposing to clarify that NDAs cannot prevent a worker disclosing criminal conduct to the police; ensure workers receive a clear, written description of rights before signing; and requiring that workers receive independent advice before signing a settlement agreement.

Paul Quain, partner at employment law firm GQ|Littler, said: ‘The proposals will still allow NDAs to prevent disclosure of non-criminal forms of sexual and racial discrimination.

‘This means direct discrimination, such as through not promoting someone due to their gender, would not be covered despite being one of the top issues in the workplace. The proposed laws could therefore throw up legal anomalies, with some unlawful (but not criminal) behaviour still covered by agreements, but others not being covered.’

The Department for Business, Energy and Industrial Strategy’s consultation on ‘Confidentiality clauses: measures to prevent misuse in situations of workplace harassment or discrimination’ was opened this week and runs until 29 April.

Issue: 7831 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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