NHS Employers issues compromise agreement guidance
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16th May 2013
NHS Employers, the body that supports employers within the NHS, has
issued guidance on wording compromise agreements appropriately, in
light of the ‘gagging clauses’ used by scandal-hit Mid Staffordshire
The guidance explains how compromise agreements can support both
employers and employees when employment ends. It also discusses the use
of confidentiality clauses in compromise agreements, stating that they
can be used to protect confidential information concerning for example
patient records or other staff that an employee has had access to.
Dean Royles, NHS Employers' chief executive, explained: "It is
important to be clear that [compromise] agreements help the NHS resolve
some issues quickly, in a way that can save money and work well for all
parties. These agreements help the NHS and individuals avoid expensive
and sometimes acrimonious legal proceedings amounting to millions of
pounds every year. The process of approval of these agreements helps
ensure value for money."
The guidance document furthermore states that confidentiality clauses
should not deter staff from speaking up in the interests of patient
safety and care, in accordance with their rights under s.43J of the
Employment Rights Act 1996.
All NHS compromise agreements will therefore include a clause
clearly stating that nothing in the agreement will prevent an
individual whistleblowing in future.
About the Author
Lawson-West specialise in commercial, business and employment law. Our team
of dedicated commercial solicitors can help with buying or selling a business,
business law and disputes, landlord and tenant issues and commercial property.
Our expert employment team can offer practical advice and guidance on all
aspects of employment law including redundancy, compromise agreements and
dismissal procedures. Visit
www.lawson-west.co.uk for more information.
For information on compromise agreements and whistleblowing
please contact employment law specialists Ashley Hunt, Vanessa Crookes,
Carrie-Ann Randall or Vaishali Thakerar at Lawson-West on 0116 212
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Article Published/Sorted/Amended on Scopulus 2013-05-21 12:11:23 in Legal Articles