The law needs to be clarified to prevent vulnerable people from being silenced when they blow the whistle on serious abuses at work, it is claimed.

The issue has been highlighted by the #MeToo movement and a series of cases in which employees were persuaded to sign non-disclosure agreements (NDA) after being paid large sums of money.

A government consultation is under way.

Edward O’Brien, associate solicitor at Dorset law firm Blanchards Bailey, said clarification was needed to protect staff and employers.

“Although legislation allowing whistleblowers to bypass NDAs is already in place, the requirement for that whistleblowing to be in the public interest requires more clarification,” he said.

“The review is very much at the consultation stage, there has been no timescale published and there is every chance there will be no real conclusion once the headlines have died down.

“However, clearly clarification of the law is needed to prevent vulnerable employees from being silenced, and so the review is a welcome step in the right direction.

“NDAs are regularly used by businesses to protect sensitive commercial information in contracts and also appear in settlement agreements, where they are more commonly referred to as ‘confidentiality clauses’.

“Settlement agreements play an important and legitimate role in business life, and have long been a tool used by employers to end an employment relationship whilst ensuring that no tribunal claims, leaking of trade secrets or reputational damage occurs.

“However, problems can arise through misuse of these agreements to silence victims when vulnerable individuals are pressurised into signing settlement agreements at a time when emotions are raw and they feel that they can’t face the stress of an employment tribunal claim.

“This leads to individuals later being unable to speak out about their experiences, even where their ex-employer has not appeared to have changed its ways.”

Mr O’Brien, based at Blanchards Bailey’s Blandford office, added: “The bottom line is that settlement agreements are not binding unless legal advice has been taken. It is imperative that both employers and employees should seek the best possible advice to ensure that the terms of the agreement and any NDA clauses are fair. It is good practice to ensure provisions protecting reputations apply to both parties.”

Blanchards Bailey, with 80 staff, is based in Blandford with offices in Dorchester, Shaftesbury and Weymouth.