Ignites Europe recently published an article titled 'NDAs: mismatch between perception and reality, say lawyers'. They suggest that banning the use of non-disclosure agreements (NDAs) might lead to negative "unintended consequences" for victims of sexual misconduct in the UK financial services industry. They add that there has been pressure on the UK financial regulator on the use of NDAs in cases of non-financial misconduct, following a rise in calls to its whistleblowing line.

As part of the article, they sought expert comments, and Caroline Walker, the Managing Director and founder of Cavendish Employment Law, made numerous contributions:

Caroline Walker, managing director at Cavendish Employment Law, also said that "in almost every case" she had dealt with involving sexual misconduct "both parties and the employer have desired assurances of confidentiality".

"It is unfortunate that, in order to preserve the privacy of the individuals involved, the NDAs also have the effect of covering up sexual misconduct in the workplace."

Walker said: "Whilst there are advantages to both the parties involved in sexual misconduct cases and the business itself in having NDAs, it is also the case that sexual misconduct in the workplace can never be properly managed unless there is a more transparent and open way of dealing with it.

"Perhaps the fear of the adverse publicity will lead employers to treat it more seriously, as they will no longer be able to pay off the employee."

"As long as any allegations are treated fairly, with full and thorough investigations to protect all those involved, [such disclosures] may be a positive step towards eradicating this conduct in the workplace," she added.

You can read the full article with expert comments and contributions from numerous industry experts on the Ignites Europe website.