ACAS has recently published guidance on the use of Non-Disclosure Agreements (NDAs). The guidance highlights that NDAs are used to protect company secrets but to also keep details of disputes confidential. Indeed, NDAs aren’t always used to prevent details of workplace disputes and ACAS makes it clear where the use of an NDA may be appropriate. They also highlight where use is inappropriate, for example to prevent whistleblowing or reporting of crimes.
What is interesting in the guidance is that ACAS are pushing for alternatives to NDAs. ACAS want employees to be able to resolves issues through their workplace polices and procedures in an amicable way rather than use NDAs. They highlight that there are numerous benefits to resolving disputes in this way such as encouraging an open and productive workplace and keeping employees and workers motivated. Indeed, the guidance seems to discourage NDAs and highlight that confidentiality may already be covered under GDPR.
Employers should take note of the new ACAS guidance and review their policies on the use of NDAs as there are numerous benefits to be had. The full guidance can be found here.