The SRA has released a thematic review that discusses the use of Non Disclosure Agreements (NDAs) in workplace complaints. The review recognizes the legitimate place NDAs have in agreements to protect commercial interests, reputation, and confidentiality.
The key findings of the review found that generally most NDAs between employers and employees complied with the requirements of the SRAs warning notice, with no evidence of solicitors drafting NDAs with the deliberate intention of preventing reporting of inappropriate behaviour.
However, they did find a fundamental imbalance of power in how NDAs were drafted. Employers often dictate the terms of any agreement, sometimes without or before the employee has had access to legal advice.