Presbyterian general assembly 2026 votes to retains NDAs after extended debate

It follows a number of ex-staff going public to complain about the agreements in the wider media over the past year.

A special general assembly in December commissioned a task group to consider the use of Compromise Agreements, which sometimes include Non Disclosure Agreements (NDAS).

It recommended continuing to use them in limited circumstances.

Ken Swarbrick of church’s General Council, commended the report on Friday to the General Assembly of elders and ministers from 500 congregations across the island.

"The first thing you need to understand is that in spite of the negative picture that is often portrayed, there is a broad consensus throughout the legal profession and in the Employment Tribunal Office, that settlement agreements are a good thing," he said.

If PCI as an employer believes its staff act with integrity then it has "a moral duty and an ethical responsibility to protect them" he said.

He gave an hypothetical example of a lazy employee in a private company being held to account by a responsible manager, with the employee then alleging bullying and discrimination.

The proposed policy aims to protect the innocent employee from false allegations, he said.

"You are not being asked to approve a policy to facilitate deceit and cover-up - there are all sorts of protections to prevent that, both in existing law and in the governance processes built into the policy."

They have only been used for less than 1.4% of exiting employees in the past five years – nine out of 650 leavers, he said.

But Rev Colin Burkham from Mersey Street Church in east Belfast said the figures did not reflect the importance of "truth, justice, accountability and protection of the vulnerable". He suggested the issue be sent to the church's Union Theological College for an informal assessment.

Rev Susan Moore from Donegal, a former solicitor, noted that institutions have a tendency to defend themselves and said the church had worked fine before NDAs were created.

As a former missionary to China, she said the church should not "reflect communist society" and "encroach on someone's right to speak". Having seen one of the PCI agreements, she said it was "so tight" that people are not allowed to say they have signed one.

But Rev Jim Stothers, a retired Deputy Clerk of the Assembly, said there is a duty of care for remaining staff if an employee leaves under difficult circumstances and may want to discuss their case in the public square. He did not feel it fair for an innocent employee to have to "go on to the Nolan Show" to defend their reputation. NDAs are not about protecting the institutions – but innocent employees, he said.

Elder James Livingstone, clerk of Templepatrick Church, spent 40 years in the NHS, spending much of time in the High Court and tribunals, he said. Defending their use, he said they are not usually imposed, but signed after negotiations with union lawyers.

In a voice vote the assembly voted to continue their use in limited circumstances.