The response addresses all forty-five recommendations and concerns raised by the WESC in detail. It seems to be (mostly) a reiteration of the government's previous response to its own consultation on proposals to prevent the misuse of confidentiality clauses in situations of workplace harassment or discrimination, published on 21 July 2019 (the July Response).
At present there is no timetable for brining legislation forward in respect of the above. There are a number of other areas where the government will continue to consult and consider its position. These include the obligation to provide factual references and extending the tie limit for bringing claims based on sexual harassment, pregnancy or maternity.
All employers should now have reviewed their settlement agreement wording, and any non-disclosure wording used in employment contracts, to ensure that they comply with the standards expected by government and guidance issued by The EHRC and the Law Society.