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Non-disclosure agreements, management and the exercise of power

I believe Peter Hain, the Labour MP, was wrong to use parliamentary privilege in the UK House of Lords to name Philip Green as the businessman accused of discreditable conduct. There might be a time for that, but it is not now.

The courts are still weighing the rights and wrongs of over-riding non-disclosure agreements, to allow the Daily Telegraph to disclose allegations made by five employees of Sir Philip’s companies. One of the reasons the Court of Appeal imposed an interim ban on disclosure until a full trial hearing took place was that two of the employees did not want the matter made public, and a third did only if they were not identified. As the court said, there was a high risk they would be if publication were allowed.

Sir Philip, who denies any “unlawful sexual or racist behaviour”, has few personal fans. Like other journalists, I once had a phone call from him objecting to something I had written. I found his belligerent tone amusing rather than threatening, but then he had no power over me. It is probably different if you work for him.

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