The Government is consulting on new rules to stop the misuse of non-disclosure agreements (NDAs) in workplace harassment and discrimination cases. The aim is to tackle a “culture of silence and impunity” in workplaces. The consultation closes on 8 July, with new regulations expected in 2027.
What do the proposed changes apply to?
In the Employment Rights Act 2025, any agreement stopping a worker from speaking about harassment or discrimination would generally be unenforceable.
The proposals would apply to:
- employment contracts
- settlement agreements
- COT3 agreements reached through Acas.
However, some confidentiality clauses may still be allowed through what the Government calls “excepted agreements”.
What’s an excepted agreement?
To qualify as an excepted agreement, workers would need to:
- receive independent legal advice in writing before signing.
- give written consent to enter into the agreement.
- be allowed a mandatory cooling-off period, currently suggested as 14 days, allowing them to change their minds and withdraw from the agreement without penalty.
- Be given a copy of the agreement after signing.
Discussions may be allowed with permitted parties
Even where an NDA is valid, workers would still be allowed to discuss harassment or discrimination with certain people and organisations. These could include regulators, doctors, lawyers, trade union representatives and close family members. The Government is also considering whether workers should be allowed to discuss matters with prospective employers.
The consultation also asks whether the rules should be extended beyond employees to include agency workers, secondees, and people in work experience or training placements.
Impact on employers
For HR teams, these proposals could have a major practical impact. Employers will need to understand that an excepted agreement cannot be used to prevent certain disclosures about harassment and discrimination, so may less willing to settle disputes if confidentiality cannot be guaranteed. This could lead to more claims being litigated. Cooling-off periods may also make it harder to finalise last-minute settlement agreements before tribunal hearings.
Further reading
- New restrictions enforced from October – Hunter Law
- Will Government ban the use of ndas – Hunter Law
- Non-disclosure agreements – ACAS
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