All IFFs or the use of a confidentiality clause must be clear and specific. In the case of agreements signed at the beginning of a working relationship, the new legislation must include restrictions on the confidentiality clause as part of a written declaration. Legislation will mean that employer confidentiality clauses cannot be used to prevent individuals from going to police, doctors or lawyers who have concerns about issues such as discrimination or sexual harassment. Legislation is also put in place to ensure that the NDA`s limits are clear to those who sign it and to improve the independent legal advice available to workers when signing transaction agreements at the end of employment. The NDAs codify the agreement with a worker (who must obtain legal advice under the S111A of the Employment Rights Act 1996) and give the employer some certainty that the (often angry) worker is not engaging in litigation. The NDAs also ensure (in some cases) that the circumstances that led to the presentation of the NDA and the NDA`s terms and conditions remain confidential. “While there is no indication as to when the new legislation will come into force, employers should now review the confidentiality clauses in employment contracts and settlement contracts to determine if changes are needed,” Corden said. During the consultation, it was proposed that employers be held accountable for the number of transaction agreements entered into by the NDA and other similar clauses, as well as the number and nature of the discrimination and harassment rights they had received. That does not prevent anyone from saying that an agreement has been reached. NDAs allow employers to have “off the record” and “honest” conversations with workers, usually about the end of their employment (if preceded by the correct wording), the reasons for this and the options for the future. It is a valuable tool for businesses without an employer, allowing them to speak freely, in the hope that a reasonable discussion and an amicable settlement can be obtained.