At a glance

• The government has launched a consultation on regulations to restrict the use of non‑disclosure agreements (NDAs) in cases of workplace harassment and discrimination, closing on 8 July 2026.
• The reforms flow from the Employment Rights Act 2025 (ERA 2025), which will render NDAs void where they prevent workers from speaking about harassment, discrimination or an employer’s response, subject to limited exceptions.
• Regulations will define 'excepted agreements' in which confidentiality may still apply, including requirements for independent legal advice, written and informed worker consent, and a cooling‑off period.
• Even where an NDA is permitted, workers will retain rights to make disclosures to specified individuals and bodies such as regulators, lawyers, trade union representatives and support services.
• The measures are expected to take effect in 2027 and will not apply retrospectively to existing agreements.

The recent flurry of activity on the employment law reforms being introduced under the Employment Rights Act 2025 continues today with the publication of a new consultation on regulations to prevent the use of non-disclosure agreements in cases of workplace harassment or discrimination. The consultation closes on 8 July 2026.

This is the latest step in the government’s commitment to addressing the imbalance of power between employers and workers and the reported improper use of non-disclosure agreements by some employers to silence workers who have...

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