Department for Business, Energy and Industrial Strategy consultation outcome: Confidentiality clauses – measures to prevent misuse in situations of workplace harassment or discrimination

In March 2019, the Department for Business, Energy and Industrial Strategy (BEIS) launched a consultation to seek evidence and views of the use of confidentiality clauses in the employment context.

In July 2019, BEIS produced a report outlining the overview of responses to the consultation and sets out the steps they will now take.

As a result of the consultation to tackle misuse of confidentiality clauses BEIS are taking a number of measures. They will:

  • Legislate to ensure that a confidentiality clause cannot prevent an individual disclosing to the police, regulated health and care professionals or legal professionals
  • Legislate so that the limitations of a confidentiality clause are clear to those signing them
  • Produce guidance on drafting requirements for confidentiality clauses.

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