Non-disclosure agreements (NDAs) have long been used to protect commercially sensitive information, but in recent years they have come under scrutiny for their misuse in cases of workplace harassment, discrimination and bullying.
In such misconduct cases, NDAs have at times been applied to silence individuals, particularly to prevent disclosures about sexual harassment. By doing this, employees and witnesses have felt unable to speak up, leading to perpetrators facing limited accountability for their actions.
Following growing pressures from campaigns and an increased degree of public awareness, momentum was created for change to the way NDAs can be used. As part of the Employment Rights Act 2025, significant reforms were introduced to stop these agreements being used to silence victims and conceal patterns of wrongdoing, signifying a move towards greater transparency and safer reporting environments.
What do employers need to know?
At its core, the legislation introduces a statutory ban on the use of NDAs to silence individuals in relation to workplace harassment and discrimination. Any clause that seeks to prevent a worker from discussing such experiences will be unenforceable, meaning that individuals are free to disclose not only what happened but also how their employer responded and the fact that a complaint was raised.
Applying across contracts, settlement agreements and standalone NDAs, these changes were made to protect victims, witnesses and former employees and...
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