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Responses > Use of Non-Disclosure Agreements in Trusts

Freedom of Information request Use of Non-Disclosure Agreements in Trusts

Response published: 20 August 2025

FOI Request

For the period 1 April 2019 to 31 March 2025 (or as far back as records are held, if full data for this period is not available): 1. Total number of Non-Disclosure Agreements (NDAs) — also referred to as confidentiality clauses or settlement terms within COT3 agreements or other settlement agreements, entered into with current or former staff members by your organisation. 2. Of those NDAs, please provide a breakdown of how many were associated with settlement agreements relating to: a) Complaints of bullying or harassment b) Complaints of discrimination (related to any protected characteristic under the Equality Act 2010) c) Whistleblowing or the raising of protected disclosures d) Other reasons (please specify if available) 3. Total amount of money paid out under all settlement agreements or COT3s that included an NDA during this period. 4. The highest individual settlement amount paid out under a settlement agreement or COT3 that included an NDA during this period. 5. If available, please also provide: A breakdown by staff group or job role (e.g. nursing, medical, administrative, etc.) A breakdown by department or service area A breakdown by type of complaint (if not already provided above) If the information is not held in this level of detail, please provide whatever level of detail is recorded. If any part of this request is likely to exceed the cost limit, please prioritise questions 1–3 and advise how I might reasonably narrow the scope of the remaining questions.

FOI Response

Freedom of Information Request – Ref: FOI 121-2025

Thank you for your recent Freedom of Information request. Please find our response below.

You asked:

1. Total number of Non-Disclosure Agreements (NDAs) — also referred to as confidentiality clauses or settlement terms within COT3 agreements or other settlement agreements, entered into with current or former staff members by your organisation.

Our response:

We do not hold the information in a way that we would be able to respond to this question

You asked:

2. Of those NDAs, please provide a breakdown of how many were associated with settlement agreements relating to:

  1. a) Complaints of bullying or harassment
  2. b) Complaints of discrimination (related to any protected characteristic under the Equality Act 2010)
  3. c) Whistleblowing or the raising of protected disclosures
  4. d) Other reasons (please specify if available)

Our response:

We do not hold the information in a way that we would be able to respond to this question

You asked:

3. Total amount of money paid out under all settlement agreements or COT3s that included an NDA during this period.

Our response:

We do not hold the information in a way that we would be able to respond to this question

You asked:

4. The highest individual settlement amount paid out under a settlement agreement or COT3 that included an NDA during this period.

Our response:

We do not hold the information in a way that we would be able to respond to this question

You asked:

5. If available, please also provide:

A breakdown by staff group or job role (e.g. nursing, medical, administrative, etc.)

A breakdown by department or service area

A breakdown by type of complaint (if not already provided above)

If the information is not held in this level of detail, please provide whatever level of detail is recorded.

Our response:

We do not hold the information in a way that we would be able to respond to this question

Next steps:

Should you have any queries in relation to our response, please do not hesitate to contact us. If you are unhappy with the response you have received in relation to your request and wish to ask us to review our response, you should write to:

Louise Moss
Head of Legal Services / Associate Director of Corporate Governance
c/o Gloucestershire Health and Care NHS Foundation Trust
Edward Jenner Court
1010 Pioneer Avenue
Gloucester Business Park
Brockworth, GL3 4AW
E-mail: louise.moss@ghc.nhs.uk

If you are not content with the outcome of any review, you may apply directly to the Information Commissioner’s Office (ICO) for further advice/guidance. Generally, the ICO will not consider your case unless you have exhausted your enquiries with the Trust which should include considering the use of the Trust’s formal complaints procedure. The ICO can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.