Confidentiality in Settlement Agreements - Who Can I Tell?

When you’re presented with a settlement agreement, it’s natural to have questions about who you can discuss it with, especially given the confidentiality provisions these agreements typically contain. Here’s what you need to know:

The Scope of Confidentiality Provisions

Confidentiality provisions are designed to prevent the disclosure of the settlement agreement’s terms and the circumstances leading to its creation. These provisions protect both the employer’s business interests and the employee’s privacy.

Permissible Disclosures

Despite the confidentiality clauses, there are certain situations where you can disclose information about your settlement agreement:

Legal Advice: You can discuss the agreement with your legal advisor, who is bound by professional confidentiality duties.
Court Orders: If a court orders the disclosure of the agreement, you must comply.
Whistleblowing: Confidentiality provisions do not override your right to make a protected disclosure under the Public Interest Disclosure Act 1996. If you have information about illegal activities or serious misconduct, you can report these issues to the appropriate authorities.
Tax authorities: You are able to disclose the agreement to HMRC for yhe purposes of assessing your tax liability.
Family: A settlement agreement will usually permit you to disclose the agreement to your spouse or immediate family, provided they understand the need for confidentiality.
Prospective employers: Settlement Agreements often permit the employee to discuss the agreement and the circumstances of their departure with a prospective employer or recruiter, if it is necessary for a job application.

The Importance of Legal Advice

Every settlement agreement is unique, and the implications of its confidentiality provisions can vary. It’s crucial to seek expert legal advice to understand your rights and obligations fully.

Consequences of Non-Compliance

Failing to adhere to the confidentiality provisions can lead to significant consequences, including financial penalties or the revocation of the agreement itself. Therefore, understanding and complying with these terms is essential.

Conclusion

Navigating the confidentiality aspects of a settlement agreement can be complex. At CheckMySettlement.com, we’re here to help. Our experienced solicitors can guide you through your agreement’s specifics and ensure that your rights are protected.

For personalised advice on your settlement agreement, book a meeting with one of our experts today.