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Can I tell anyone about the fact that I have agreed a settlement agreement?
The answer to this question depends on whether not there are any terms in the settlement agreement covering what you can say about the agreement (or the terms of the agreement, or the circumstances giving rise to the agreement) to any third party.
In most cases a well-drafted settlement agreement will contain two types of clause which restrain what you can say about the agreement, and to whom, once you have signed it:
Confidentiality clause: this is a clause which requires you and/or your employer to maintain confidentiality about the existence of the settlement agreement, the terms of the agreement, and/or the circumstances giving rise to the agreement;
‘Non-derogatory’ clause: this is a clause which requires you and/or your employer not to say anything adverse, negative, derogatory and/or defamatory about the other
If these clauses are in your settlement agreement then you will need to be careful about what you say about your employer and/or the agreement to any third party, as if you breach the agreement your employer could potentially threaten to sue you for breach of contract (and could potentially carry through with such a threat, if you cause serious harm by breaching the agreement – such a claim being brought is, however, reasonably rare).
Redmans Limited is a company registered in England and Wales with registration number 05872980, VAT GB893856068, and registered office Parkshot House, 5 Kew Road, Richmond, TW9 2PR. Settlement Agreement Lawyer is a firm of solicitors authorized and regulated by the Solicitors Regulation Authority (SRA number: 468098).