HR and legal teams should take a proactive approach as follows:
<ul>
 	<li>Audit current settlement agreements, NDAs, and standard contracts to identify and remove confidentiality terms that restrict legitimate disclosures.</li>
 	<li>Review investigation procedures to ensure employer responses, evidence handling, and record‑keeping are not subject to prohibited confidentiality.</li>
 	<li>Consider whether further training to employees on discrimination and harassment issues is necessary.</li>
 	<li>Monitor forthcoming regulations defining “excepted agreements” and prepare to adjust settlement templates accordingly.</li>
 	<li>Provide clear guidance across the organisation clarifying that confidentiality may not apply in these sensitive areas, while maintaining necessary protections for legitimate business interests.</li>
</ul>
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