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<p>No assessment has been made of the practice of National Health Service trusts using
non-disclosure agreements in cases of bullying and harassment affecting staff members.</p><p>Any
clause in a settlement agreement or contract of employment which purports to prevent
a member of staff from a making a protected disclosure would have no legal effect.
Such clauses are often referred to as ‘gagging’ clauses and have no place in the NHS.
No organisation can to put such a provision in a settlement agreement or employment
contract.</p><p>Since 2013, all agreements where confidentiality clauses are used,
also require the inclusion of a clause which makes it crystal clear to the parties
concerned, that regardless of what other clauses are used in the agreement, an individual
will always be able to make a protected disclosure in the public interest and/or raise
concerns about patient safety and care in accordance with their professional and ethical
obligations.</p><p>The NHS Long Term Plan commits £2 million per year to tackling
violence against staff and bullying in the NHS. The Plan states that “To make the
NHS a consistently great place to work, we will seek to shape a modern employment
culture for the NHS – promoting flexibility, wellbeing and career development, and
redoubling our efforts to address discrimination, violence and bullying and harassment”.</p>
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