Implementation of the Employment Rights Act 2025 (“ERA”) has begun and it will continue to bring many significant changes to the employment landscape throughout 2026 and 2027. A particularly high-profile issue relates to the use of controversial Non-Disclosure Agreements (“NDAs”) which seek to silence individuals who have suffered from workplace harassment or discrimination.
In passing the ERA, the Government confirmed its intention to prohibit the use of NDAs in most circumstances due to widespread concern regarding individuals being prevented from raising legitimate issues. A consultation period began on 15 April 2026 and the Government is seeking views regarding how the proposed regulations should be framed to prevent the misuse of NDAs in cases of relevant workplace harassment or discrimination.
Relevant harassment or discrimination
The definition of relevant harassment or discrimination covers various types of conduct prohibited under the Equality Act 2010. Harassment is widely defined and discrimination includes direct and indirect discrimination, discrimination arising from disability, gender reassignment discrimination, pregnancy and maternity discrimination and a failure to make reasonable adjustments in disability cases.
Consultation
The consultation period is due to close on 8 July 2026 and focuses on the following issues:
- 1. conditions for an excepted agreement;
- 2. permitted disclosures; and
- 3. expansion of the definition of worker.
Conditions for an...
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