Everyday Misuse of Non-Disclosure Agreements

Non-disclosure agreements (NDAs) typically feature in business transactions to protect signatories’ confidentiality, sensitive information and intellectual property. In recent years, however, the growth of NDA-related settlements in employment disputes involving discrimination and sexual misconduct has raised serious concerns about their purpose and potentially harmful effects. To understand the extent of the problem and how to tackle it, this book focuses on three main areas: first, it considers the scope and ethical implications of NDA misuse; second, it examines key public policy initiatives and grassroots campaigns to stop NDAs being exploited; and third, it suggests pragmatic solutions and ways forward to eradicate unethical practices.

The book outlines the complex issues and debates surrounding the use of NDAs along with countless examples and evidence from across the UK labour market. The gagging of victims by employers exacerbates the plight of vulnerable groups such as women, ethnic minorities and people with disabilities, while failing to address perpetrators’ behavior and organizational malpractice. Against this backdrop, various public policy strategies are highlighted including, legislation, parliamentary inquiries, legal regulatory interventions and advocacy work, as well as wider international perspectives on NDA misuse. The book ultimately shines a light on the secret world of NDAs and the corporate power dynamics at its core. In doing so, it raises searching questions about the role that detrimental NDAs and those who enable them play in perpetuating discrimination and sexual transgressions in the workplace.