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Richard Moorhead's comments, as reported, seem entirely bland and missing any practical application. The media also insist on using the term NDA's, as I understand it, the issue is the inclusion of confidentiality/non-disclosure clauses in settlement agreements.

Surely, the issue is: if there is a perfectly drawn clause that permits appropriate disclosures (pretend there is such a thing) and the employee wishes to disclose, can they be made to pay back the compensation under the settlement agreement? OR Can they if there is an express clause that states the consideration for the ND clause is £x?

There is no point dealing with the other issues unless this is addressed - it is clearly they way the boiler point clauses will be drafted. It is particularly important where there is a settlement of £1mil (like in the Green case) when damages for sexual harassment rarely exceed £25k