top of page
Search
Uphold

Blowing the Whistle on NDAs

Updated: Aug 1, 2022


21 Apr 2022 - Anonymous READ FULL ARTICLE HERE


NDAs have their origins in protecting proprietary information or trade secrets, but they have, in more recent years, been used to protect a wider range of sensitive information, notably employment issues, including disputes. I believe the original purpose remains legitimate – although I suspect there is almost no circumstance where this would be applicable in a Christian organisation or church.


NDAs rely on intimidation – if an employee breaks an NDA by speaking out, they risk not just any settlement payment, but the costs of legal fees and, potentially, damages.


Typically, I hear two dominant responses to the use of NDAs in Christian organisations. The most prevalent is one of shock and incredulity – a visceral gut reaction that imposing a secrecy agreement in return for money is wrong and cannot be justified. Others, however, cite pragmatism and a need to deal with the world as it is, not as we would like it to be. Pragmatists argue that NDAs draw a line under complex and unprovable situations, enabling healing and reconciliation processes to begin, as well as providing an efficient solution to protect the reputation of an organisation from vexatious allegations. These arguments accentuate the benefits to the organisation at the expense of the employee.


A June 2019 Women and Equality Select Committee, which reported on the use of non-disclosure agreements in discrimination cases, concluded: “We received evidence from those who, after signing an NDA found it difficult to work in the same sector again. Some suffer emotional and psychological damage as a result of their experiences, which can affect their ability to work again or to move on. Some also suffer financially as a result of losing their job and bringing a case against their employer.”


The same report highlighted the power dynamics at play in these situations: “The difficulties of pursuing a case at employment tribunal and the substantial imbalance of power between employers and employees, mean that employees can feel they have little choice but to reach a settlement that prohibits them speaking out.”


Despite the belief that NDAs are good for organisations, I would argue that in fact they damage them and increase the risk of abuse in the future. By enforcing confidentiality and introducing a sense of legal intimidation, NDAs prevent organisational learning, undermine transparency and accountability and they discourage the restoration of relationships. The requirement often found in NDAs to destroy records means that malpractice cannot be investigated, nor are there reference documents if there is another similar incident at a later stage. This allows bad practice to be perpetuated, which is especially serious if the wrongdoing is criminal. This was a key problem arising from the Harvey Weinstein case, where collusion in secrecy by numerous people over many years resulted in more women being abused. NDAs have their origins in protecting proprietary information or trade secrets, but they have, in more recent years, been used to protect a wider range of sensitive information, notably employment issues, including disputes. I believe the original purpose remains legitimate – although I suspect there is almost no circumstance where this would be applicable in a Christian organisation or church.


NDAs rely on intimidation – if an employee breaks an NDA by speaking out, they risk not just any settlement payment, but the costs of legal fees and, potentially, damages.

Typically, I hear two dominant responses to the use of NDAs in Christian organisations. The most prevalent is one of shock and incredulity – a visceral gut reaction that imposing a secrecy agreement in return for money is wrong and cannot be justified. Others, however, cite pragmatism and a need to deal with the world as it is, not as we would like it to be. Pragmatists argue that NDAs draw a line under complex and unprovable situations, enabling healing and reconciliation processes to begin, as well as providing an efficient solution to protect the reputation of an organisation from vexatious allegations. These arguments accentuate the benefits to the organisation at the expense of the employee.


Published at soulinformation.org



17 views0 comments

Comments


bottom of page