Philip Green and non-disclosure agreements: do we have a right to know? – UK Human Rights Blog

‘The circumstances in which a court should prevent the press from reporting information about famous people has long provoked debate. The decision of the Court of Appeal in ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 is no exception, attracting extensive press coverage and comment from the #MeToo movement.’

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UK Human Rights Blog, 30th October 2018

Source: ukhumanrightsblog.com

Labour peer Peter Hain defends decision to expose Philip Green as businessman accused of sexual harassment – The Independent

‘Peter Hain has defended his decision to use parliamentary privilege to name Sir Philip Green as the businessman at the centre of a row over allegations of sexual harassment and racial abuse.’

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The Independent, 26th October 2018

Source: www.independent.co.uk

NDAs in spotlight as Court of Appeal gags newspaper – Law Society’s Gazette

‘A Court of Appeal ruling barring the publication of allegations that a ‘leading businessman’ sexually harassed and racially abused employees has re-ignited the debate over the use of non-disclosure agreements (NDAs) in settlements. In ABC and others v Telegraph Media Group, Sir Terence Etherton, Lord Justice Underhill and Lord Justice Henderson granted a temporary injunction preventing the Telegraph from publishing what the newspaper says is the result of eight months of investigation into the behaviour of an individual identified as ‘ABC’.’

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Law Society's Gazette, 24th October 2018

Source: www.lawgazette.co.uk

End of ‘buying off’ sexual assault victims hailed by campaigners, as gagging orders set to be banned – Daily Telegraph

‘Victims campaigners have welcomed plans to outlaw gagging orders which prevent employees from disclosing sexual abuse at the hands of their bosses. The plans, which will be introduced as part of the domestic abuse bill, will stop companies from drawing up agreements that bar workers from going to the police.’

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Daily Telegraph, 14th October 2018

Source: www.telegraph.co.uk

£2.4m spent on House of Commons gagging clauses – BBC News

‘The House of Commons spent £2.4m on “gagging clauses” for former staff since 2013, BBC Newsnight has learned. Fifty-three departing members of the House of Commons Service signed contracts compelling them not to reveal information about the Commons.’

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BBC News, 22nd June 2018

Source: www.bbc.co.uk

Ethics expert calls on SRA to take tougher approach to NDAs – Legal Futures

‘The Solicitors Regulation Authority (SRA) needs to take a tougher approach to non-disclosure agreements (NDAs), a leading legal ethics expert has told MPs.’

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Legal Futures, 19th April 2018

Source: www.legalfutures.co.uk

Ban non-disclosure agreements on workplace sexual harassment, says EHRC – Daily Telegraph

‘Non-disclosure agreements about sexual harassment in the workplace should be banned, the Equality and Human Rights Commission has said.’

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Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

SRA warning over sexual misconduct NDAs “put solicitors in difficult position” – Legal Futures

‘The Solicitors Regulation Authority’s warning about using non-disclosure agreements (NDAs) in cases of sexual harassment puts solicitors in a difficult position and may even discourage reporting, it has been claimed.’

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Legal Futures, 19th March 2018

Source: www.legalfutures.co.uk

Fox News must let Ofcom meet harassment victims, lawyer says – The Guardian

‘Rupert Murdoch’s 21st Century Fox should waive gagging orders on victims of alleged racial and sexual harassment at Fox News so they can speak to the UK media watchdog, a lawyer representing the victims has said.’

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The Guardian, 11th May 2017

Source: www.guardian.co.uk

Routine use of council gagging orders ‘leaves Britain open to corruption’ – The Independent

‘The UK has left itself open to corruption at the heart of local government, transparency campaigners warned, after it emerged that council workers have been routinely issued with gagging orders when they left public service.’

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The Independent, 3rd April 2016

Source: www.independent.co.uk

Gagging clauses are lawful and enforceable – Hardwicke Chambers

‘Periodically the topic of gagging clauses resurfaces in the press. In 2013 the revelation of large numbers of NHS employees entering into such agreements produced a mass of publicity. Interest in the topic duly stimulated, it led to recommendations by the Public Accounts Committee in the House of Commons that revised guidance from the Cabinet Office should require public sector organisations to secure approval from the Cabinet Office for special severance payments and associated compromise agreements where they relate to cases of whistleblowing.’

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Hardwicke Chambers, 8th January 2015

Source: www.hardwicke.co.uk

Watchdog warning over ‘unnecessary’ gagging clauses – BBC News

“The use of ‘gagging clauses’ risks stopping employees from speaking out about failures in the public sector, the National Audit Office has warned.”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

Gagging orders explained – Daily Telegraph

“Almost 5,000 council workers and civil servants across Britain have been gagged, The Telegraph has learned. But what are gagging orders and how do they work?”

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Daily Telegraph, 2nd April 2013

Source: www.telegraph.co.uk

Ban on NHS gagging orders – The Guardian

Posted March 14th, 2013 in contracts, health, hospitals, news, non-disclosure agreements, whistleblowers by sally

“Gagging clauses that stop departing NHS staff from speaking out about patient safety or care have been banned by the government.”

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The Guardian, 14th March 2013

Source: www.guardian.co.uk

Local authorities and NHS Trusts (1): compromise agreements, officers’ identities and gagging clauses – Panopticon

“From a FOIA perspective, local authorities and NHS Trusts have this in common: both frequently receive requests for details of compromise agreements and other details about individual officers’ employment and disciplinary records. Three recent cases before the Tribunal confirm the general trend that – absent case-specific and well-evidenced arguments – the Commissioner and Tribunal re reluctant to order disclosure of such personal data, notwithstanding the context of public sector employees.”

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Panopticon, 17th September 2012

Source: www.panopticonblog.com

Related link: Local authorities and NHS Trusts (2): unusual appeals ahead

Doctors advised against gagging order contracts – The Guardian

“Doctors are being instructed by the General Medical Council never to sign a contract with their employer containing a gagging clause that would prevent them from revealing dodgy or substandard practice.”

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The Guardian, 26th January 2012

Source: www.guardian.co.uk

Care Quality Commission puts gagging orders on six employees – The Guardian

“A health watchdog with responsibility for protecting NHS whistleblowers has asked at least six employees to sign confidentiality agreements that stop them from criticising the organisation publicly.”

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The Guardian, 24th January 2012

Source: www.guardian.co.uk