The UK government is moving to ban non-disclosure agreements (NDAs) that prevent employees from speaking out about alleged workplace harassment or discrimination, under newly published amendments to the Employment Rights Bill (ERB).
UK’s New NDA Law: The Silent Ban on Silencing Harassment Claims
On 7 July 2025, lawmakers hit a knuckle‑busting chord by declaring that any clause in a job‑related contract which tries to shut an employee up about harassment or discrimination is now void. If the clause falls into a tiny, still‑undecided “excepted” bucket, it might survive — but that’s a mystery waiting for the next round of regulations.
Why HR, Legal, and Employers Are Gulping Serious Hydration
- Recruiters and HR managers used to lean on confidentiality clauses to close disputes fast.
- Lawyers warned that the shift could make those old NDAs a recipe for chaos.
- Workers who have faced workplace shenanigans now get a fresh legal arsenal.
William Clift, Senior Associate at Winckworth Sherwood LLP, summed it up: “When your life and your family’s life crumble, it’s a bill‑as‑good‑as‑guest claim.” If you require a pinch of emotion and a splash of wit, read on.
What the New Ban Actually Covers
- Harassment or discrimination claims – irrespective of how specific the details are.
- Disclosures about harassment, discrimination, or how the company handled it.
- All protected characteristics under the Equality Act: age, sex, race, disability, religion, sexual orientation, and gender reassignment.
- Any talk about how colleagues were treated.
- Company responses: no investigations, retaliation, or even a polite whisper to keep the rumor mill ticking.
They’re still silent on:
- Victimisation claims.
- Making reasonable adjustments.
- Whether an employer’s settlement offer itself is considered an “answer” that falls under the new rule.
Not All NDAs Are Duckies Forever
Careful: the government still lets some NDAs run circles around the law if they fit an “excepted agreement” mold. The exact shape of this mold hasn’t materialised yet, meaning the safest bet for most employers is to treat every NDA that tries to silence a harassment story as potentially void.
More Sharpening on the Horizon
- 1 August 2025 – NDAs that silence misconduct in higher education will be banned.
- 1 October 2025 – NDAs preventing disclosure of criminal conduct to legal or law‑enforcement bodies will become void.
Until then, most companies sneak “carve‑outs” allowing employees to file criminal reports or help investigations. That’s still the only way to dodge the Solicitors Regulation Authority’s whistleblowing safeguards.
Deal‑breaker for Settlement Agreements?
To keep things simple: the new rule means any NDA that stops a worker from repeating harassment or discrimination allegations to anyone is now invalid, even if they’re already paid a settlement.
For businesses that rely on NDAs for quick, quiet resolutions, this could mean:
- Dropping the settlement ladder for fear of backlash.
- Employees choosing to keep things private because they no longer have to stay quiet.
Clift warns: “If employers refuse to set up settlements because of this ban, employees might have to fight it out in an Employment Tribunal, which is longer, public, and expensive.”
Wider Impact: Letting the Workers Speak For Themselves
Legal experts and HR gurus see this as a much‑needed shift in power dynamics — after years of high‑profile cases where NDAs silenced victims. The UK moves in line with international trends aiming to protect whistleblowers and boost transparency in workplaces.
