It is therefore important to remember that these agreements do not exist only with respect to allegations of moral harassment and sexual harassment, but that they include situations such as poor performance, reprehensible behaviour, long-term absences and dismissals. As an employer, you can therefore apply confidentiality clauses in transaction agreements, but we strongly advise you to follow these guidelines and seek legal advice to ensure that they provide the necessary protection, protect the rights of individuals and avoid any allegation that the clause is null and clear. Less than 3% of civil proceedings are tried. While some cases are dismissed by the court or a party, most civil proceedings are settled by mutual agreement between the parties. As a result, it is likely that almost all parties to civil trials will face at some point the decision to settle their dispute and, if so, under what conditions. A transaction can be made before an appeal is filed after a complaint is filed, before the hearing begins, during the trial or even after a judgment has been issued. In response to the #MeToo movement, a number of states have passed legislation to prohibit employers from using confidentiality clauses in transaction agreements that shed light on allegations of sexual harassment, discrimination and other forms of harassment. These changes are an indication of the impact that public policies can have on the law. In addition, these developments underline the importance of learning about the evolution of norms and statutes that can influence the structuring of colonies (and sometimes the final decision on whether or not to obtain rights). As a general rule, confidentiality clauses for transaction agreements contain the following standard conditions: it is therefore essential, when developing the confidentiality clause for the transaction contract, to ensure that it is appropriate in the current circumstances and is in compliance with PIDA 1998. In this regard, it should be made clear in the transaction agreement that the confidentiality clause does not prevent the worker from expressing legitimate concerns in the public interest and does not replace or replace his right to statements/advertisements under PIDA in 1998. The government had previously stated that confidentiality clauses that would not be followed by the proposed amendments were non-agreeable.

However, in its recent response to the consultations, this specific text was not used. We will not have clarity until the government publishes the proposed legislation. There is no clear timetable for implementing the proposed amendments. Interim lawyers who formulate confidentiality clauses should respect the SRA warning (warning – use of confidentiality agreements). In this case, the issue of the application of confidentiality clauses is highlighted in a transaction, especially when compensation is paid in one go (which is normally the case) and confidentiality is compromised after payment.