Confidentiality clauses

In our view, although being a step in the right direction, the BEIS proposals are limited and inadequate and if implemented without additional measures will constitute a missed opportunity to carry out more significant reform in this area.
 

The TUC also emphasises that although misuse of confidentiality clauses is an important issue to be addressed, we must not overlook the need to resolve the fundamental problem of discrimination and harassment in the workplace. To this end, the TUC strongly advocates:
 

The TUC also wishes to highlight the unique and valuable role that trade unions have to play in securing workplaces free of harassment and discrimination, as well as in advising and informing individuals of their rights relating to confidentiality agreements and their use in settlement agreements. Trade unions listen and respond to workers concerns, provide a mechanism for collective voice and in doing so make a vital contribution to securing safer and fairer working environments.
 

In addition, when members share with their trade union representatives reports of discrimination and harassment, trade unions acquire important insights into individual workplace cultures and can identify workplaces manifesting a pattern of discrimination and harassment. In this manner, trade unions are uniquely placed to work with employers in order to eliminate discriminatory workplace cultures and to do so a collective basis, rather than exposing individuals to the pressure of stress of individually pursued grievances.