On 15 April 2026, the government published its latest consultation part of its wider “Make Work Pay” reform. The consultation addresses the government's proposals on regulations to prevent the misuse of non-disclosure agreements (NDAs) in workplace harassment and discrimination cases.
These proposals build on the Employment Rights Act 2025, which will introduce a new provision rendering NDAs unenforceable where they seek to prevent workers from speaking about harassment, discrimination, or an employer’s response to such issues. The intention is to address concerns that NDAs have been used to silence individuals and to drive cultural change, while still preserving their use in appropriate commercial contexts.
The consultation also confirms that the NDA reforms will take effect in 2027, although no firm date has yet been confirmed.
The legislation will allow NDAs to remain enforceable only where they fall within a defined category of “excepted agreements". The consultation focuses on what conditions should apply for an agreement to qualify.
The government proposes that workers must receive independent advice in writing on the scope and limitations of any confidentiality clause. This would extend beyond the current requirement for workers to receive independent advice to enter into settlement agreements and apply more broadly. The government is considering whether an Acas conciliator may be able to provide the independent...
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