Beware the unintended consequences of the NDA ban - Eliza Nash writes for Personnel Today

Constantine Law partner, Eliza Nash, has written in Personnel Today about the recent amendment to the Employment Rights Bill banning non-disclosure agreements (NDAs) that silence victims of workplace harassment and discrimination.

By rendering such confidentiality clauses void, the law empowers workers to speak out about misconduct without fear of legal consequences.

However, in her article, Eliza points out the possible unintended drawbacks of such a change; "without the benefit of an NDA, settlement will be a less attractive option for employers, especially in cases they consider to be without merit".

This could leave victims facing lengthy, expensive legal battles, with many lacking the resources or resilience to persist and adding further litigation to an already overburdened tribunal system.

The new law could end up reducing options for the very people it was trying to protect.

Read the full piece here.

Eliza Nash is a partner at Constantine Law.