Glossary

ACAS

The Advisory, Conciliation and Arbitration Service

ACAS Code of Practice

The ACAS Settlement Agreement Code of Practice dated 29 July 2013.

EHRC Guidance

The Equality and Human Rights Commission’s guidance on “The use of confidentiality agreements in discrimination cases” October 2019

ERA

Employment Rights Act 1996

HMRC

Her Majesty’s Revenue and Customs

Individual

A counterparty to an NDA which could include but is not limited to employees, workers, apprentices, partners, limited liability partnership, members and job applicants.

NDA

A non-disclosure agreement. An NDA usually refers to an agreement or contract, or a clause within a wider agreement or contract, under which it is agreed that certain information will be kept confidential.

Organisation

A counterparty to an NDA which is the employing organisation of an Individual, including but not limited to a company, partnership or limited liability partnership.

Practitioners

Practitioners means solicitors, as well as others who are regulated by the SRA, including managers and employees of law firms, those responsible for managing Human Resources and complaints in law firms and other practitioners dealing with NDAs.

SRA

Solicitors Regulation Authority

SRA Codes of Conduct

SRA Code of Conduct for Solicitors, RELs and RFLs and Code of Conduct for Firms.

SRA Warning Notice

SRA warning notice dated 12 March 2018 (updated on 12 November 2020).