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There are two ways of to deal with content that disparages company reputation and value: removal and suppression
Removal: The inclusion of confidentiality clauses within employment or settlement contracts seek to prohibit publication of content which disparages company stakeholders. Those who breach confidentiality clauses expose themselves to civil litigation for claims of damages.
It is clear that there is a legitimate place for confidentiality clauses signed as part of an employment contract. These are used by employers to protect commercially sensitive information and to prevent their employees sharing such information with their competitors. We also heard evidence that many employees who sign a settlement agreement at the end of their employment with an organisation value the inclusion of confidentiality clauses, as they allow them to move on and make a clear break. However, using these clauses to silence and intimidate victims of harassment and discrimination cannot be tolerated, which is why we are introducing reforms.
CONFIDENTIALITY CLAUSES – Response to the Government consultation on proposals to prevent misuse in situations of workplace harassment or discrimination, UK Department for Business, Energy & Industrial Strategy
