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Compromise Agreements - break of confidentaility provision

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Patrick Stewart Listeners to the Today Programme (15.2.13) on Radio 4, cannot have missed the story of the NHS manager who was relieved of his post and received a substantial pay off under a compromise agreement, but is now seeking to break the confidentiality provision in that Agreement to report the failings at his NHS Trust. It seems to me that a few interesting points arise from this:

The journalist's surprise that a Compromise Agreement includes provisions about the confidentiality, including that the existence of the Agreement itself is confidential and a non derogatory remark clause. These are quite usual, employment lawyers come across them every day.

That the Government may seek to undo the Agreement whilst at the same time promoting Settlement Agreements generally as the answer to employment disputes.

That the ex manager may be in trouble for now disclosing problems at his previous NHS Trust. Any such disclosure is likely to be covered by protection afforded by Public Interest Disclosure (whistleblowing) legislation. Still it makes a good story!

patrick.stewart@twmsolicitors.com

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