Monthly Archives

July 2019

Workplace Gagging – Know Your SA from Your NDA – Part 1

Non-Disclosure Agreements

Workplace Gagging - Know Your SA from Your NDA - Part 1

Non-Disclosure Agreements and Settlement Agreements

With all the recent talk of NDAs in the media, there has been confusion and controversy surrounding such agreements. Often getting confused with a Settlement Agreement (SA) which are usually used in the termination of employment contracts. Therefore, we wanted to write a two-part blog to clarify the difference between Non-Disclosure and Settlement Agreements. Most importantly, we want to highlight why in both matters, it is vital to get professional guidance. This month we will focus on the controversial Non-Disclosure Agreements (NDA).

What is a Non-Disclosure Agreement

 What is a Non-Disclosure Agreement (NDA)?

A Non-Disclosure Agreement is also known as an NDA, “confidentiality agreement” or “gagging order”. It’s a legally binding contract of confidentiality which protects you when it’s necessary to share confidential information about your business. For example, you may require advice from accountants, financial advisors or marketing agencies. In order to give such advice, they may require details about your business you wouldn’t usually provide. As such you could be leaving your company vulnerable to such data being shared. A good NDA allows you to share ideas and information in confidence.

Types Of NDA

The non-disclosure agreement can offer one-way protection or mutual. You would use the one-way NDA when only one party is disclosing sensitive information. However, if more than one party is sharing information then you would enter a mutual NDA.

NDA Benefits vs Controversy

NDA has been notoriously used to protect individuals from criminal charges. This has been highlighted in recent media stories. Consequently, they have come under a moral question. But realistically, without them, many businesses would leave themselves vulnerable. How can you develop ideas without involving others? Ultimately despite its controversy, the NDA is a necessary business tool.

The Risks of Non-Disclosure Agreements.

As the agreement is legally binding it is imperative that all parties understand their obligations. From the very start of the agreement, it is important to know what you are asking and be clear. The document must be precise and detailed in its purpose. Remember, the permitted purpose can be widened at any time, however, you cannot narrow the restriction of use post-agreement.

This is just the basics, there are many factors which must be reviewed before entering into a Non-Disclosure Agreement. Such as location; if both parties do not reside in the same country the NDA must state which law governs the agreement. This coupled with the ongoing controversy are very good reasons you should seek professional advice. If you are an employer with questions about NDAs, you can view our services below or call 01780 770 770.

So What’s a Settlement Agreement?

Good question! We will be covering settlement agreements in next month’s blog. So, watch this space. You can follow our social media below to see the announcement of our next blog.

Employee Development

Boosting staff morale

Developing Key Players

Employee Development

When recruiting into your business, at any level, you look for the most suitable candidate, naturally. Those with a skillset that fits your requirements, experience in a similar role, correct qualifications and key qualities. Seeking the application that ticks all the boxes. Therefore, once you find the ideal candidate, it can be easy to assign them to a role and become complacent. They do a fantastic job, you are happy with their work, everyone is happy, right?

Why Dedicate Time to Employee Development?

The fact is, your employee might be happy in their role, which is great! But unless you implement personal development plan’s, you open your company to a potential HR minefield. Not to mention, the potential cost and time wasted by restarting the whole recruitment process again.

The long-term benefits of implementing personal development plans with your employees outweigh the cost and time involved. In addition, overlooking an employee’s personal development could be depriving your business of undiscovered skill sets. It is important that you take your employee’s career and future as seriously as they do. This is key to securing their future within your company and utilizing your resources to their maximum potential.

Implementing Personal Development Plans

Take the time to communicate with your key players to determine their career development goals and expectations. Establish a plan with them which works towards them achieving such goals within your organization. Furthermore, allow your employee to identify their own development needs and discuss how these can be nurtured.

At John Burke Associates, staff reviews and skills gap analysis form an integral element of our business strategy, enabling us to ensure that team members acquire knowledge that is both current and relevant-thus providing meaningful professional advice to clients

It is important to revisit the plan with routine reviews to evaluate the progression on both sides. Whether this is done monthly, quarterly or yearly, it’s vital you are consistent in keeping such appointments. If you would like more information, please visit our services page below or call 01708 770770.

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