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I have said it before and I will say it again: if the employee is to remain with the employer an NDA (which should not apply to disclosure to the police) is essential to protect the employee from victimisation and the employer from the allegation of victimisation.

Moreover: any change can only be for future NDAs. The law should not put a premium on breach of existing agreements.

And again: the ethical side of it can only be considered in the context of the time when it was made.

And finally: lawyers are not guardians of the ethics of their clients. If they were solicitors could not instruct counsel to mitigate on a plea of guilty to rape, or indeed any other serious offence, and counsel could not act on the instructions if they did. A successful plea in mitigation, after all, lets the client out and free to do it again sooner than might otherwise be the case.

None of this is rocket science, is it?