The UK government has introduced an amendment to the Employment Rights Bill that will ban non-disclosure agreements (NDAs) used to silence employees or witnesses in cases of harassment and discrimination at work. The amendment renders void any confidentiality or non-disparagement clauses in employment or settlement agreements intended to gag individuals who experienced or witnessed misconduct.
The Employment Rights Bill was introduced in October 2024 and gained cross-party support, especially in the wake of the #MeToo movement. On 8 July 2025, key amendments were officially added. The legislation will return to the House of Lords in mid-July, followed by a House of Commons vote. Assuming passage, royal assent is expected by late 2025.
For victims and witnesses, this legislation allows them to freely discuss harassment or discrimination they experienced or observed, regardless of any current or past NDAs. For employers, any confidentiality clauses aimed at silencing misconduct-related discussions will be legally void. However, NDAs that cover trade secrets or commercially sensitive information remain enforceable.
1. Review existing contracts and settlement agreements to remove any gagging provisions.
2. Enhance training for employees and managers on harassment, discrimination, and proper NDA use.
3. Prepare for the likelihood that settlements may become public.
4. Monitor developments in secondary legislation for additional guidance and definitions.
This legislative change addresses longstanding misuse of NDAs and reflects a cultural shift towards transparency and accountability. Activists and campaigners have long advocated for this reform. The UK now aligns with other nations that have enacted similar restrictions to protect individuals from being silenced.
This legislation marks a major turning point in workplace rights: NDAs can no longer be used to hide harassment or discrimination. Employers must proactively revise documents and processes and foster a transparent, respectful workplace culture. This is not only about legal compliance but also about ethical and responsible business practice.
To find out more information or to discuss NDAs in more detail please get in contact with our team of experts.
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