In the interview on Radio 4`s “This Morning”, concerns were expressed that the gag clauses in the transaction agreements made it difficult for people to come forward and that employees who signed such agreements were often unclear what they meant. Illustrations were given where employees felt they were unable to speak to their own family doctor or counsellor. Worse, if a worker is aware of a case of maladministration or an event that endangers the public, they may not feel able to identify them once they have signed such an agreement. The purpose of the latter restriction is to keep secret the terms of the transaction agreement – such as compensation or the reasons for the conclusion of the contract – between the parties. However, the clause should allow some people to know the agreement – such as a worker`s lawyers or union representatives, their spouse, partner or direct family, as well as institutions with a legal right to knowledge, such as HMRC. Therefore, an element of trust must be involved in the resolution of a whistleblower application. That`s why it`s even more important not to burn your bridges. As a result, it is also very difficult to negotiate in circumstances where allegations of whistleblowing discrimination are alleged. Even if you make your employer understand your case, it can be difficult to understand your case, because the law in this area requires that the evidence be presented in a certain way.
This could be resolved by additional wording in the advisor`s statement on the whistleblower, so that the advisor states that they have told the employee that he or she can still make disclosures in the public interest after the agreement is signed and that they can continue to provide information to family physicians, consultants and others subject to a confidentiality obligation. Workers have always been free to send the details of a right of warning directly to the supervisory body or the relevant authority. However, the ET form allows the applicant to check a box indicating whether his claim is an allegation of protected disclosure and whether he wishes the ET to forward these allegations to the appropriate authorities (in a mandatory list). Below we examine some of the theoretical and legal dimensions of whistleblowing, strategy and tactics to blow the whistle and negotiate a transaction agreement, and conclude with a brief look at financial compensation in such cases. In return for signing a transaction contract and waiving part of his legal rights, the worker receives a compensation package generally greater than he would get if he appeared in court. There is nothing illegal or, by nature, unreasonable to include confidentiality clauses (commonly referred to as “gag clauses”) in such agreements, particularly in cases where both the employer and the worker wish to keep things between them. On the face of it, a confidentiality clause would prevent the worker from talking about employer misconduct – such as discrimination or harassment – and, more generally, anything to do with the circumstances in which his or her work ended.