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Employment NDA. Is the NDA still valid if I am not paid by my employer?

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  • Employment NDA. Is the NDA still valid if I am not paid by my employer?

    I have been dismissed from my job and my past employer is witholding my redundancy for no good reason (I work in a sector where it is not so simple to get this sorted).

    As part of my employment contract, I have a perpetual NDA agreement built in. This is not one based on trade secrets etc. It is one based on privacy as I work for high net wealth individuals.

    If the worst comes to the worst and I am not paid my redundancy, does their breach of contract negate the NDA? I do not want to go down this route, but if they do not pay me, I want to know if the NDA is negated, because I can easily make my redundancy back by "whistleblowing" to an appropriate party.

    Again, I have been put in a horrible situation by these people, and for my own reputation, I do not want to chose option B. But the money owed is a large sum and due to where the business is located, it will be very hard to fight it through the courts (especially against their legal team!).

    Any advice would be greatly appreciated.
    Tags: None

  • #2
    No, the NDA remains binding on you. Take the company to an Employment Tribunal for your payment.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      You say in your post "But the money owed is a large sum and due to where the business is located, it will be very hard to fight it through the courts"

      Where is the company located?
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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