If it is appropriate to use a non-disclosure agreement, employers should explain to employees and workers:
- why it is appropriate
- what it is trying to achieve
Employers should make sure:
- the wording of the agreement is clear
- employees are given a reasonable amount of time to read and understand agreements and get advice if needed
- employees are not pressured into signing an agreement
- they consider employees' mental health and wellbeing
When using a non-disclosure agreement, employers should explain to employees or workers:
- when confidentiality does and does not apply
- that they are free to speak to professional legal advisers or medical or healthcare professionals, including counsellors and therapists
- that the agreement does not prevent them from whistleblowing
- the agreement does not prevent them from reporting any form of discrimination, including harassment and sexual harassment
- that the agreement does not prevent them from exercising their employment rights
Monitoring the use of non-disclosure agreements
Employers should monitor the use of non-disclosure agreements to make sure the organisation is using them appropriately. It can also help identify patterns of events at work and make sure they are dealt with correctly.
Get more advice and support
If you have any questions about non-disclosure agreements, you can contact the Acas helpline.
If employers have concerns about using non-disclosure agreements, they should get legal advice before making any decisions.