An NDA can also be referred to as a “confidentiality clause.” In Stevens/University of Birmingham, the High Court found that an employer had breached its tacit duty of trust and trust towards a worker who, in the course of a disciplinary investigation, cannot be accompanied by his choice of companion. Every letter inviting an employee to a disciplinary meeting (either an interview (finding facts) or a disciplinary hearing (to answer a charge) should cover the basic points and duties of an attendant – for example: “You can bring chaperones – a colleague or a friend of the company – to that meeting, when they must understand that this remains the case, even if the employer feels that the companion is not appropriate because of previous experience. In other words, the worker can choose who he wants, provided he belongs to one of the three authorized categories. That does not prevent anyone from saying that an agreement has been reached. However, if an employment tribunal recognizes that the choice of companion is inappropriate, it has the option of reducing the award to a nominal amount. You should follow procedures in the workplace, for example. B.B.B: If NDAs are used for the wrong reasons, it can create a culture of mistrust in the workplace. The labour tribunal has reviewed the binding case law that, as long as it is a union official or a colleague, an employer should not veto the worker`s decision, even if it deems the companion unsuitable. Any attendant authorized to accompany an employee should normally be only one person in the company; There are rare cases (for example. B a physician who faces faults that could prevent him from working in the future) when an employee can call on a qualified and external companion (. B for example, a lawyer), but these cases remain extremely rare and should not be admitted in normal cases. For more information on authorizing an attendant, please contact the Employment Law Clinic.