On 15 April 2026, the government launched a consultation on regulations to prevent the misuse of non-disclosure agreements (NDAs) in cases of workplace harassment or discrimination.

NDAs

NDAs are formal agreements or clauses used to keep information confidential by preventing disclosure. Historically, they have been used to protect commercial data, trade secrets and sensitive business information. Within the employment relationship they have been used in employment contracts and settlement agreements.

However, NDAs have faced increased public criticism particularly following the #MeToo movement where there was concern that they were being used to prevent parties from disclosing allegations of sexual harassment or other workplace misconduct.

New NDA legislation

In addition to a number of restrictions already in place regarding the use of NDAs to address the concerns, a new section 202A of the Employment Rights Act 1996 will be introduced by the Employment Rights Act 2025, which voids any provision which prevents a worker from speaking out against “relevant harassment or discrimination” or their employer’s response to such or the making of an allegation. “Relevant harassment and discrimination” covers misconduct under the Equality Act 2010, including discrimination or harassment by the employer, their workers or affecting the worker or their colleagues.

Although it is not yet in force, this change will apply to confidentiality provisions in agreements between employers and...

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