Defamation Act 2013: Primary legislation governing statements that could harm reputation. Defines defamation, libel, and slander, and establishes legal defenses. Critical for determining the scope of non-disparagement provisions.
Human Rights Act 1998: Ensures compliance with Article 10 (Freedom of Expression). Required to balance non-disparagement restrictions against fundamental human rights to ensure provisions aren't excessively restrictive.
Employment Rights Act 1996: Protects employee rights including whistleblowing and protected disclosures. Relevant when the non-disparagement agreement is employment-related. Cannot contract out of statutory employment rights.
Contract Law Principles: Fundamental principles ensuring the agreement meets requirements for valid contracts including consideration, reasonableness of restrictions, and clarity/certainty of terms.
Trade Union and Labour Relations (Consolidation) Act 1992: Protects union activities and workers' rights to discuss working conditions. Non-disparagement provisions cannot interfere with these protected rights.
Equality Act 2010: Ensures non-disparagement provisions don't prevent discrimination claims or discussions about protected characteristics. Protects public interest disclosures related to discrimination.
Public Interest Disclosure Act 1998: Provides whistleblowing protections that cannot be contracted away through non-disparagement provisions. Ensures public interest disclosures remain protected.
GDPR and Data Protection Act 2018: Relevant when non-disparagement involves personal data. Considers right to erasure and data protection principles in the context of statements about individuals.
