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Protection from “gagging clauses”. Section 43J of the Public Interest Disclosure Act 1998.

Section 43J ERA Contractual duties of confidentiality


(1) Any provision in an agreement to which this section applies is void in so far as it purports to preclude the worker from making a protected disclosure.

(2) This section applies to any agreement between a worker and his employer (whether a worker's contract or not), including an agreement to refrain from instituting or continuing any proceedings under this Act or any proceedings for breach of contract.

Explanatory Note

The section renders ‘gagging clauses’ void, insofar as they purport to preclude a protected disclosure.  Such clauses or terms may be contained in an employment contract, in a contract of a worker (under the extended definition), or in any other agreement between a worker and employer, including (importantly) a settlement agreement.