Only a few days to go: We’re raising £25,000 to keep TheyWorkForYou running and make sure people across the UK can hold their elected representatives to account.

Donate to our crowdfunder

NHS Foundation Trusts

Health written question – answered on 13th October 2011.

Alert me about debates like this

Photo of Julian Huppert Julian Huppert Liberal Democrat, Cambridge

To ask the Secretary of State for Health what steps he is taking to ensure that NHS hospital trusts abide by his Department's guidance on the use of confidentiality clauses in compromise agreements.

Photo of Simon Burns Simon Burns The Minister of State, Department of Health

The Department does not routinely monitor the use of confidentiality clauses in compromise agreements. The Department's guidance, contained within the health circular HSC 2004/001, does not prevent the use of confidentiality clauses per se. However, it does state that national health service employers must consider with their legal advisers whether such a clause is necessary in the circumstances of each case and that if such a clause is included within a particular agreement that it complies with their various statutory obligations regarding the treatment of confidential information, including the Public Interest Disclosure Act 1998.

Before an employee considers signing a compromise agreement, which may or may not contain a confidentiality clause, the employer is required to pay for the employee to have independent legal advice on the terms of the agreement.

Does this answer the above question?

Yes0 people think so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.