This could be resolved by additional wording in the advisor`s statement on the whistleblower, so that the advisor states that they have told the employee that he or she can still make disclosures in the public interest after the agreement is signed and that they can continue to provide information to family physicians, consultants and others subject to a confidentiality obligation. For example, I regularly see a clause in transaction agreements that justifies the employee not to have committed serious misconduct (z.B.). Since these agreements are often concluded when a worker is accused of this, I have to ask myself what is the point of these agreements. (Another rhetorical question). An employee in such a position should never accept such a clause if he or she conditions the payment to the accuracy of the guarantee. Nevertheless, I regularly see that the clause appears, which seems to me to be thoughtless, and I regularly see that employees accept the clause if they do not. Too often, councillors do not try to negotiate these agreements and simply sign them. In addition, NHS Employers has published updated guidelines for the implementation of transaction agreements. This confirms when a transaction agreement can be used, an example of the nature of the confidentiality clause that could be included in the agreement, as well as legal and regulatory requirements.
The guidelines also remind employers of the need to obtain HM Treasury`s authorization for special severance pay, that is, those that exceed the normal statutory or contract rights. This occurs when the employee passes the agreement on to an advisor who then collects a fee for explaining the agreement. The employee then committed to the advisor`s fees before he understood the contract, and then often before realizing that he did not want to sign it. The problem is that if they do not accept the agreement, they cannot pay the legal fees and therefore have to find that money themselves. This then puts pressure on the employee to accept the agreement, even if he does not want to, once he understands it. NHS employers have released a new fact sheet for employers and workers to help understand their rights when entering into transaction agreements. These instructions confirm that settlement and confidentiality clauses can legitimately be used to resolve potential cases and claims.