Upcoming ban on employers using non-disclosure agreements to silence workplace harassment and abuse

Under the impending Employment Rights Bill, Employers in the UK will no longer be able to use non-disclosure agreements (‘NDAs’) to prevent workers from speaking out about workplace harassment, discrimination, or abuse. The Government has confirmed that it plans to introduce this legislation to close legal loopholes and ensure NDAs cannot be used to silence victims.

This change follows growing concern that NDAs are being misused, particularly in cases involving sexual harassment, racism, and bullying. While NDAs can still be used for protecting trade secrets or settling disputes with confidentiality, they will no longer be allowed to restrict individuals from reporting or discussing misconduct in the workplace.

What is the current law?

Even before this new legislation is introduced, there are already legal limits on what NDAs can cover. An NDA cannot lawfully prevent someone from:

• Co-operating with a criminal investigation or prosecution
• Reporting an offence to a law enforcement agency
• Making a protected disclosure under whistleblowing law
• Giving evidence in court or at an employment tribunal

If an agreement attempts to restrict these rights, it is unlikely to be enforceable in law. However, because NDAs are often written in vague or intimidating language, many people are left unsure of what they can legally say. This is one of the key issues the upcoming reforms aim to address.

What will this new law do?

• Ban NDAs that prevent disclosure of workplace harassment, discrimination, or abuse
  This includes preventing someone from speaking to the police, a doctor, therapist, lawyer, or even friends and family.
• Ensure NDAs cannot stop someone from reporting incidents to regulatory bodies
  Victims will have the right to report misconduct to official organisations such as the police or employment tribunals.
• Require clearer language in settlement agreements 
  Any confidentiality clauses must be written in plain English and must clearly explain what a person can and cannot say.

The goal is to give workers confidence that they can speak up without fear of legal repercussions, while still allowing legitimate confidentiality agreements where appropriate.

What does this mean for Employers?

Employers should begin reviewing their use of confidentiality clauses, particularly in settlement agreements or internal complaints procedures. Once the new law comes into force, any NDA that seeks to prevent disclosure of unlawful behaviour could be unenforceable, and potentially unlawful.

What does this mean for Employees?

If you're an employee or worker who has experienced workplace harassment or discrimination, this change will strengthen your right to speak out. You cannot be legally forced into silence about abuse, even if you’ve signed an agreement in the past, especially if that agreement was unclear or misleading.

It's always a good idea to seek independent legal advice before signing any settlement or confidentiality agreement. The upcoming changes will give you greater protection, but it's important to know your rights now and in the future.

Need advice?

Whether you’re an employer wanting to ensure compliance, or an employee unsure about your rights under an NDA, our team of employment law solicitors are here to help. Please call us on 0117 290 0905 or complete our online enquiry form to discover more.