In a landmarklegislative move, the UK government has introduced changes to the Employment Rights Bill that will render non-disclosure agreements (NDAs) unenforceable where they are used to prevent individuals from speaking out about work place harassment and discrimination. This includes sexual harassment, racism,pregnancy-related discrimination, bullying, and abuse.

Once passed, the bill will render NDAs unenforceable in the specifiedcircumstances, and any clause in a settlement or employment agreement that attempts to silence a victim or witness of such misconduct will be unenforceable to the extent it seeks to restrict disclosure. Individuals will retain the legal right to discuss or report their experiences, regardless of any NDA they may have signed.

This reform is part of a broader initiative to address systemic workplaceissues and create safer, more transparent working environments across all sectors.

Why the Reform Matters
Protecting Vulnerable Workers

The use of NDAs to suppress allegations has historically had a chilling effect, particularly on low-paid and insecure workers in sectors such as hospitality, retail, and the gig economy. Many of these individuals have felt compelled to accept terms thatdenied them the right to speak out - often under the threat of losing their livelihoods.

Aligning with International Practice

The UK now joins agrowing list of jurisdictions, such as Ireland, parts of the United States, and Canada, that have legislated against the misuse of NDAs in cases of work place misconduct. This places the UK in line with modern employment standards that prioritise openness and accountability.

Advocacy and Public Pressure

The reform is the result of years of campaigning by individuals and advocacy groups, including the “Can’t Buy My Silence” initiative. Founded by Zelda Perkins, a former assistant to Harvey Weinstein, the campaign has played a significant role inshaping public opinion and policy. The legislation has received cross-party support, including endorsement from the Deputy Prime Minister, Angela Rayner.

What the Ban Covers

The new rules apply to any NDA,confidentiality clause, or contractual provision that seeks to prevent thedisclosure of allegations related to:

  • Sexual harassment
  • Racial discrimination
  • Pregnancy or maternity discrimination
  • Workplace bullying
  • Other forms of abuse or mistreatment

It will not be possible for employers or legal representatives to includeclauses that prohibit individuals from discussing these matters with thepolice, medical professionals, legal advisers, or even the media.

What the Ban Does Not Affect

NDAs will remain lawful in circumstances where they serve a legitimate commercial purpose. For example, clauses designed to protect intellectual property, commercially sensitive data, or trade secrets are still permitted. The legislation specifically targets the use of NDAs as a tool for silencing victims of misconduct, rather than restricting their use more broadly.

Wider Employment Law Changes

This reform forms part of a moreextensive update to employment law in the UK, which has been described as themost significant in a generation. Additional measures announced alongside theNDA ban include:

  • Legal rights from day one of employment
  • Greater collective bargaining protections in key sectors
  • Expanded family-friendly employment policies
  • Improved bereavement leave
  • Curtailment of controversial “fire and rehire” practices

While these measures have been announced, not all of them will take effect immediately, as some will require secondary legislation or phased implementation.

These changes areintended to provide greater protection for workers while promoting fair andresponsible business practices.

Implications for Employers

Employers should now reviewand amend any standard settlement agreements, employment contracts, or HRpolicies that include NDAs relating to personal conduct. It is advisable to:

  • Remove or revise confidentiality clauses that relate to harassment or discrimination
  • Provide updated training to HR teams and managers
  • Prepare to handle future disclosures in a way that prioritises transparency, accountability, and support for affected individuals


Employers that fail to adapt to these changes may find themselves in breach ofemployment law, with significant reputational and legal consequences.

The approaching ban on NDAs used to conceal harassment and discriminationrepresents a significant turning point in employment law. It affirms the right of employees to speak out against unacceptable behaviour and ensures that nolegal instrument can be used to suppress allegations of abuse.

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