Employers in all sectors may wish to see how market practices and other regulatory guidance evolve when deciding whether these safeguards should be removed from their standard documentation. However, the EHRC guidelines recommended that employers never ask a worker to sign a confidentiality agreement preventing them from asserting a right to discrimination in their employment and warned that an NDA should never prevent workers from discussing discriminatory incidents or making a protected disclosure. confidentiality agreements in terms and conditions of employment. The guidelines recognize that employers may legitimately attempt to prevent a worker from discussing or using confidential information outside of work, either during employment or after the end of employment. However, this has legal limitations. The law also requires employers to clearly disclose the restrictions imposed by an NDA in the employment contract or composition agreement in which it appears. The guidelines should adopt the approach that the use of NDSs in dispute resolution should be the exception rather than the norm, giving both time and money to workers, to check whether they are willing to give their consent. This is an abandonment of the current practice of many employers who submit concordat agreements with a standard confidentiality clause, who often require them to be signed in a short period of time and make a minimal contribution to lawyers` fees. It is unlikely that the obligation to sign the use of DNNs by senior managers will be appropriate on a case-by-case basis, if employers decide to maintain their standard NDA provisions in their agreements for the time being (point 1 above).
However, the promotion of a positive employment culture is a key issue in this context, so all employers want to encourage management to play an active role in this area. In regulated sectors such as financial services, where the focus is already on culture, it may be easier for employers to adapt and implement these recommendations for their organization. Therefore, the guidelines are intended to help employers understand when confidentiality agreements can be used legally and when these agreements are not applicable. The guidelines are not legal provisions, which means that an employment court is not required to take them into account (but they can nevertheless be used as evidence in legal proceedings if they are relevant). . . .