MPs call for ban on 'gagging clauses'

https://www.bbc.co.uk/news/uk-48590038

 

This is utter bollocks in 99.99% of cases being shouted about by people who have no idea how these things work. 

 

 

E.G. 

 

Hannah Martin, a mother-of-two from West Sussex, told MPs she was forced to leave her job at an advertising agency after having a baby.

"They said if I did not sign an NDA within 24 hours I would not get a payout," she told the BBC in a separate interview.

"NDAs are a bullying tactic that forces you into silence. I felt like I had no other choice but to sign. I felt like I was being abused."

 

OH NO there are some terms attached to the payout I am getting - I AM BEING ABUSED!

ffs... 

Well if you will sack people for having a baby...

Anyway, this will be kicked into the long grass if Boris gets anywhere near No.10. He's not above paying people to keep quiet.

Then you have a legal liability for doing a Bad Thing. 

So you settle the case, and get and NDA. 

No one forces people to take the money and sign the NDA. They can always fight the case if it means that much. 

 

The Law Soc are already thinking about issuing new rules... 

 

The alternative is going to be performance managing people out (for most of those concerned) So rather than going with a nice payout and an NDA people will be going through a month of disciplinaries before going without the payout or the reference. 

I’m sure there are some where the process is abused, but all of the ones I’ve been involved with it’s been as a shortcut to avoid everyone having to go through a disciplinary process. 

And then litigating all the way to court rather than settle because of they can go and blab about it all why pay them off? 

Also- there is a lot of assuming what unhappy employees say is true. 

 

I thought this was going to be about Stephen Milligan MP

No, there's another thread on banning satsuma clauses for that.

Interested to note this morning that Raab appears to have one over a female employee from 2012 or so. 

Re the op, it is disingenuous to assert that use of nda’s is not a pressure tactic in exit situations (for whatever reason they are exit situations), and they are actually only likely to be insisted on or enforced materially in circs where the company or its staff have acted badly, rather that wanting to get shut of someone.