Open Navigation

Confidentiality

Keeping it confidential

The parties should agree to keep terms of a settlement agreement, and the underlying facts, confidential.

Data Protection

A key component of a settlement agreement is normally the requirement that the parties keep the terms of the agreement, and the underlying facts, confidential. Whether this is because the employer does not want to be seen to be setting precedent, or is making a commercial payment to avoid the cost of litigation, care should be taken to ensure appropriate drafting. Businesses will be subject to criticism if it appears they are flouting discrimination laws and “buying off” claims under settlement agreements – indeed in some instances the confidentiality provisions may be unenforceable.

Breaches of clauses requiring confidentiality, or other common clauses, such as those requiring the parties not to make disparaging comments, might give rise to breach of contract claims.

In addition to a clause requiring that the agreement itself remains confidential, settlement agreement often include clauses that re-state the employee’s existing confidentiality obligations in respect of sensitive commercial information.

Confidentiality clause can have exceptions, for example, to ensure that the employee can discuss the agreement with their spouse or partner, professional advisers and as required by law. It should normally be made clear that confidentiality clauses do not prohibit whistleblowing.

News

US/UK Immigration Conference Online (recording)

We are delighted to have hosted the annual BAB US/ UK Immigration Conference online on 4 November 2021. We reviewed trends and developments in transatlantic mobility and immigration and looked ahead to changes and challenges in 2022. Our speakers and panellists included: Professor Brian Bell, Chair, Migration Advisory Committee Meredith McEvoy, Minister Counselor for Consular…

Read More
Digital Network

New COVID-19 Variant Leads to Enhanced Travel Restrictions

This week a new variant of Covid-19 has been identified in several southern African countries, leading the UK to expand its Covid-19 travel restrictions. Six southern African countries – South Africa, Botswana, Lesotho, Eswatini, Zimbabwe and Namibia – will be added to the UK’s travel red list from 4am on Sunday, 28 November 2021. Travel…

Read More