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Upcoming changes in the Employment Rights Act 2025 are set to increase the number of workplace investigations employers must conduct and heighten the risks of getting them wrong. This article explains why and outlines how employers can prepare.

The Employment Rights Act 2025 (ERA) introduces significant reforms that will reshape the employment law landscape. What will this mean for workplace investigations? Overall, employers should expect an increase in the number of investigations they need to carry out, alongside a heightened requirement for those investigations to be thorough, fair and legally defensible. With greater scrutiny and higher stakes, getting the process right will matter more than ever.

What is the ERA changing and what will this mean for employers?

You can read more about all of the changes introduced by the ERA on our dashboard. However, the following changes are the ones likely to have a significant impact on workplace investigations:

1. Non-disclosure provisions void
   
   In 2027, the ERA is expected to make any non-disclosure agreement (NDA) provisions void if they prevent an employee from making allegations or disclosures about harassment or discrimination, including the employer’s response to such allegations. This covers all harassment (not just sexual) and discrimination on any ground, and covers third-party harassment claims. The government recently opened a consultation on how these new restrictions on NDAs will operate, and what exceptions will...

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