News

Updated guidance on settlement agreements and confidentiality clauses

Read about the latest updated guidance on settlement agreements and confidentiality clauses when ending an employment contract.

29 May 2024

NHS Employers, with legal input from Capsticks LLP, has updated its employer guidance on the use of settlement agreements and confidentiality clauses when resolving a workplace dispute or ending an employment contract. 

The updated guidance is not intended to provide legal advice. It has been produced to help explain some of the legal requirements around settlement agreements and the key considerations regarding any confidentiality clauses employers may wish to use.

The latest guidance includes: 

  • updated information on legislation and legal practices 
  • good practice examples on freedom to speak up
  • information on board members and the NHS England Fit and Proper Person Test Framework 
  • signposting to further guidance and support. 

In March 2024, NHS Employers hosted a webinar with Capsticks LLP on whistleblowing: procedure, policy and good practice, aimed at NHS HR professionals and workforce leaders. We recommend watching this webinar in conjunction with reading the updated guidance.