Did you see the recent Buzzfeed article about the world’s most famous self-help guru, Tony Robbins?
One paragraph reads as follows:
Two former followers who went on to work for Robbins provided BuzzFeed News with signed statements swearing under oath that they felt he had sexually harassed them by repeatedly pursuing them after they made clear they weren’t interested. Two more women who worked as his assistants said Robbins expected them to work alone with him when he was naked in his hotel room or in the shower. And another former employee said she was fired after having a consensual sexual relationship with Robbins.
In response, his lawyers wrote a public letter, including this rebuttal:
Robbins vehemently denied engaging in any alleged “inappropriate sexual behavior”, and was “never intentionally naked” in front of staff.
The original article also says:
Robbins guards his empire with intense secrecy. Employees are bound by strict confidentiality agreements, and audiences who attend his multiday coaching camps must sign contracts forbidding them from recording what goes on inside.
It’s not unusual for a speaker to forbid audiences from making recordings. Obviously, they want to be able to sell tickets for their live events – and that’s fine.
Also, it’s not unusual for an employer to ask employees to sign a Non-Disclosure Agreement (NDA), also known as a confidentiality agreement. You might have heard it called a ‘gagging clause’.
Many organisations use NDAs to protect confidential information, and that’s fine too.
However, there is a risk of NDAs and confidentiality clauses being used to prevent people from reporting harassment, discrimination, sexual assault, physical threats and racism, so the government has recently announced proposals to ban them.
If you are experiencing any of those issues at work, talk to us before you sign anything.
Why? Because you won’t be able to bring a claim under employment law if you’ve already signed a confidentiality, compromise or settlement agreement. Usually, signing means you are not free to criticise your employer to the press or on social media (even if it’s true). And you will probably be obliged to keep the deal secret. That’s because the agreement means you’ve accepted payment in return for promising not to do these things. Be warned – if you accidentally tell a colleague about the negotiations, your employer could refuse to pay your settlement, or try to reclaim what they’ve already paid you.
If you haven’t yet signed, we’ll advise you about the best action to take.
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