What action it will take to ensure that NHS boards discontinue the use of confidentiality clauses in compromise agreements.

The use of confidentiality clauses in compromise agreements is entirely an issue between individual NHS boards and their employees. Certain conditions have to be met in order for a compromise agreement to be legally binding, including a requirement for the employee to have received advice from a relevant independent adviser as to the terms and effect of the agreement. Any clause which sought to prevent an individual from raising a protected whistleblowing disclosure would be illegal under the Employment Rights Act and would therefore be unenforceable.
I wrote to NHSScotland chairs and chief executives on 22 February 2013, reminding them that boards should frequently review their behaviours and practices to ensure they have a culture which actively encourages and supports members of staff to raise concerns. I also told them that I expect Boards to ensure that confidentiality clauses and non-derogatory statement clauses are not being used to suppress the reporting of concerns about practice in NHSScotland, and to ensure that these clauses are used appropriately.