Spike in NDAs signed by Gov staff

Thursday 24 October 2024

Last year saw a spike in non-disclosure agreements signed by employees leaving their roles in central Government departments.

Officials confirmed that this sharp increase in Health and Community Services and Strategic Policy, Planning and Performance was due to covid fixed-term contracts ending within these departments.

Express understands that any fixed-term contract which expires after a two-year period is entitled to redundancy pay – and the redundancy agreement contains a confidentiality clause.

The figures were released by Chief Minister Lyndon Farnham, who is chair of the States Employment Board, in response to a written question from Deputy Max Andrews: "Will the Chair state the total number of non-disclosure agreements entered into by departing employees throughout the Government in the last five years and provide a breakdown by department?"

The response showed that while there had been very few NDAs recorded in Health and Community Services from 2020 to 2022, there were 10 signed in 2023.

There were also 17 in the Strategic Policy, Planning and Performance department – which sits within the Cabinet Office under the Assistant Chief Executive for People, Policy and Digital.

In 2024 so far, there have been eight signed in the Chief Operating Office.

Pictured: the total of NDAs reached its highest figure yet with 45 in 2023.

Express reported last May that nearly a quarter-of-a-million of public money was spent on confidentiality agreements for staff exiting Government in the first four months of 2023 – an average value of more than £22,000 per contract.

And the Government spent £284,000 on 15 NDAs for departing staff in 2022 – an average of just under £19,000 in each case.

Officials said that it signed NDAs for "several different reasons, including: prior to or as part of a commercial arrangement at or for the benefit of the organisation, arrangements with external investigators, due to certain staff members undertaking certain sensitive work, and in settlement arrangements."

A non-disclosure agreement is a legally binding contract that establishes a confidential relationship between two parties.