Employment Rights Act 1996: Primary legislation protecting employees' basic rights and determining fair treatment and reasonable restrictions in employment relationships.
Human Rights Act 1998: Incorporates Article 10 (Freedom of Expression) - ensures the non-disparagement agreement doesn't unreasonably restrict fundamental human rights.
Equality Act 2010: Protects against discrimination and ensures the agreement doesn't prevent reporting of discrimination or harassment, including provisions for protected characteristics.
Public Interest Disclosure Act 1998: Protects whistleblowers and ensures the agreement cannot prevent protected disclosures. Requires specific carve-outs for legitimate whistleblowing.
Defamation Act 2013: Provides framework for defining defamatory statements and helps establish the scope of prohibited communications in the agreement.
Contract Law principles: Fundamental principles covering consideration requirements, reasonableness of restrictions, and clarity/certainty of contractual terms.
Common Law principles: Includes restraint of trade doctrine, reasonableness test, and public policy considerations that affect enforceability of the agreement.
Data Protection Act 2018 and UK GDPR: Governs handling of personal data and privacy considerations within the agreement's scope and implementation.
Trade Union and Labour Relations (Consolidation) Act 1992: Protects collective bargaining rights and ensures the agreement cannot prevent legitimate union-related communications.
