An academy trust broke rules after using a confidentiality clause while cutting ties with an employee. This is the first known case of a trust falling foul of the new rules surrounding settlement agreements with outgoing employees since they were quietly changed last year. And legal expert Jean Boyle, of , urged the government to give 鈥済reater clarity鈥� over the use of the clauses as leaders remain confused over when they can be used. 鈥淭rusts remain unclear as to whether consent is required when an employee requests confidentiality provisions,鈥� she said. 鈥淚n addition, it is unclear as to whether confidentiality provisions which are already in the contracts of employment of departing employees will be allowed to be reasserted.鈥� The academy trust handbook states that all settlements of 拢50,000 or more must get approval. Changes ‘took many trusts by surprise’ Latest accounts for BMAT Education 鈥� a 12-school chain in Essex 鈥� show that it signed off on a settlement over the threshold without the Department for Education鈥檚 go-ahead. It also contained a confidentiality clause, contravening newly updated Treasury guidance. It subsequently was not given retrospective approval by the DfE. But the trust stressed that the guidance was 鈥渦pdated only shortly before the settlement agreement was finalised鈥�. BMAT has been approached for comment. The academy trust handbook was updated in October following the Treasury changes. It now describes the clauses as 鈥渘ovel, contentious or repercussive鈥� and says they 鈥渕ust not be used unless the trust has received prior DfE approval鈥�. Boyle noted the change introduced 鈥渋mmediately prior to October half-term last year was unexpected and took many trusts by surprise鈥�. This was made worse by the timing as it was 鈥渏ust prior to the notice deadline for teachers鈥�. At the time, Polly O鈥橫alley, of law firm Browne Jacobson, warned that leaders must be 鈥渁ware鈥� of the changes, or risk inadvertently breaching academy rules when signing off on severance payments.