NHS can use gagging clauses as long as employees know they don’t apply to safety issues, guidance says

BMJ 2013; 346 doi: (Published 23 April 2013) Cite this as: BMJ 2013;346:f2606
  1. Clare Dyer
  1. 1BMJ

Confidentiality or “gagging” clauses can still be used in agreements to settle disputes between NHS trusts and departing employees as long as they make it clear that former employees are free to speak out on patient safety and other public interest issues, NHS Employers says in new guidance.1

Agreements may still bar former employees from revealing the fact that an agreement existed, negotiations over it, and its terms. NHS organisations may also bar former employees from revealing confidential information acquired as a result of their employment, …

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