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).
The change, announced on 7 July 2025, means that any clause in a contract or settlement agreement that attempts to silence an employee from disclosing or alleging harassment or discrimination will be legally void, unless the agreement falls under a narrow, as-yet undefined, exception.
The amendment marks a major shift in employment law, with serious implications for HR teams, legal advisers and employers who routinely rely on confidentiality clauses as part of workplace settlement agreements.
“When your life, as well as your family’s, has literally been ruined it results in a substantial claim,” said William Clift, Senior Associate at Winckworth Sherwood LLP, writing on the legal update.
The proposed ban will apply to any employment agreement — including employment contracts, settlement agreements, or exit packages — that seeks to restrict workers from making:
• Allegations of harassment or discrimination, or
• Disclosures of information about harassment, discrimination, or the employer’s response to it.
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