Non-disparagement clause and sexual discrimination case

[Billwyman]

Good evening.

Several years ago my employer and I decided to part ways using a Settlement Agreement which includes a non-disparagement clause. It is a general clause that covers any disparagement but it allows me to disclose information "to the proper authorities as required by law".

Since then another employee has left the company and is taking them to a tribunal for sexual discrimination. I have witnessed some things which would support the tribunal case however am I opening myself up for a whole host of trouble if I appear as a witness at the tribunal as obviously I would be disparaging my old employer?

Thank you!

[atticus]

Can your friend obtain a witness summons?

[Billwyman]

Yeah, that's what I was thinking too, if I get summoned then I would assume that would qualify that cause.

[ULA]

If you are summoned by the employment tribunal then that would be considered as a "proper authority as required by law". Also a witness statement should be a factual account of events that you witnessed in relation to the individal so should not in the legal context contain disparaging remarks.

Maybe the best thing to do rather than volunteer to be a witness is to wait until you are approached?

[Billwyman]

Thank you Ula. So, if a comment is factual and true it is not disparaging, even if it damaging to the company?

[ULA]

To denigrate is to speak ill of or disrespectfully, to mock or criticise. A witness statement is a "statement of truth". As I said if you are summoned by the Tribunal to provide a witness statement and attend the hearing then this is an made by the proper authorities (i.e. a tribunal). as required by law and it would seem under the terms of your settlment agreement this type of disclosure is permissible.