Non Disclosure Agreement Employee Termination for the United Kingdom

Non Disclosure Agreement Employee Termination Template for England and Wales

A legally binding agreement under English and Welsh law that protects confidential information following the termination of employment. The document outlines the obligations of departing employees regarding company information, trade secrets, and intellectual property, while ensuring compliance with UK employment law, data protection regulations, and whistleblowing provisions. It establishes clear parameters for maintaining confidentiality post-employment while protecting both employer and employee rights.

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What is a Non Disclosure Agreement Employee Termination?

The Non Disclosure Agreement Employee Termination is designed for use in England and Wales when an employment relationship is ending and there is a need to protect sensitive business information. This document is particularly crucial when the departing employee has had access to trade secrets, client information, or other confidential material during their employment. It ensures continued protection of company interests while respecting employee rights under UK employment law, including provisions for legitimate whistleblowing and regulatory reporting. The agreement typically includes specific details about what constitutes confidential information, duration of obligations, and requirements for returning company property.

What sections should be included in a Non Disclosure Agreement Employee Termination?

1. Parties: Identifies the employer and employee with full legal names and addresses

2. Background: States the context of employment termination and need for confidentiality

3. Definitions: Defines key terms including Confidential Information, Trade Secrets, and Intellectual Property

4. Confidentiality Obligations: Details the specific confidentiality requirements and duration

5. Return of Company Property: Requirements for returning company documents and materials

6. Non-Disparagement: Mutual obligations regarding public statements

7. Governing Law: Specifies England and Wales as governing jurisdiction

What sections are optional to include in a Non Disclosure Agreement Employee Termination?

1. Permitted Disclosures: Details exceptions for legal requirements or regulatory compliance when specific carve-outs need to be documented

2. Severance Payment: Links confidentiality to any settlement payment when termination includes financial settlement

3. Future Employment: Provisions regarding future employment restrictions when additional restrictive covenants are needed

What schedules should be included in a Non Disclosure Agreement Employee Termination?

1. Schedule 1: Confidential Information: Detailed list of specific confidential information covered

2. Schedule 2: Company Property: Inventory of company property to be returned

3. Schedule 3: Existing Commitments: List of existing obligations or contracts that survive termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Employment Rights Act 1996: Primary legislation covering basic employment rights, unfair dismissal provisions, and statutory notice periods for employment termination.

Data Protection Act 2018 and UK GDPR: Legislation governing personal data handling, confidentiality obligations, and data subject rights in the UK context.

Trade Secrets (Enforcement, etc.) Regulations 2018: Regulations protecting confidential business information, defining trade secrets, and providing enforcement mechanisms for breaches.

Contract Law (Common Law): Common law principles governing contract formation, consideration requirements, and reasonable restraint of trade doctrine.

Equality Act 2010: Legislation preventing discrimination in termination processes and ensuring NDAs don't prevent protected disclosures or lead to victimization.

Public Interest Disclosure Act 1998: Act protecting whistleblowers and ensuring NDAs don't prevent legitimate whistleblowing, while defining protected disclosures.

Human Rights Act 1998: Legislation ensuring balance between freedom of expression and privacy rights, protecting both employer and employee interests in NDAs.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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