Government bans NDAs that silence harassment and discrimination victims

The UK government is to ban the use of non-disclosure agreements (NDAs) that silence employees who experience harassment or discrimination in the workplace, under landmark changes to the Employment Rights Bill.

The new amendments, tabled ahead of the Bill’s return to the House of Lords next week, will void any confidentiality or non-disparagement clauses that prevent victims – or witnesses – from speaking out about inappropriate or abusive conduct. The move has been widely welcomed by campaigners, including Zelda Perkins, former PA to Harvey Weinstein and founder of Can’t Buy My Silence.

Deputy Prime Minister Angela Rayner said: “We have heard the calls from victims of harassment and discrimination to end the misuse of NDAs. It is time we stamped this practice out – and this government is taking action to make that happen.”

The changes are part of a broader effort by ministers to modernise workplace protections and tackle poor working conditions. Employment Rights Minister Justin Madders added: “These amendments will give millions of workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden.”

NDAs were originally designed to protect commercial secrets, but in recent years have been used by some employers to gag employees from speaking out about mistreatment. High-profile abuse scandals – from Harvey Weinstein to institutional cases in the UK – have exposed the misuse of NDAs to silence whistleblowers and victims.

Under the new rules, confidentiality clauses that seek to prevent a worker from speaking about harassment or discrimination will be null and void. Employers will also be allowed – and encouraged – to publicly support victims without legal risk.

The legal change follows years of pressure from campaigners and MPs. Sarah Owen, chair of the Women and Equalities Committee, and shadow transport secretary Louise Haigh have supported the campaign, while Perkins said the changes would “put the UK at the forefront of global protections.”

“This is a huge milestone,” Perkins said. “Above all, this victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn’t.”

However, legal experts warn there may be unintended consequences. Nikola Southern, employment partner at Kingsley Napley, said: “While the ban on NDAs in harassment cases is a welcome step for transparency, it could reduce victims’ control over their own confidentiality. Some individuals may want to protect their identity, and employers may become more reluctant to settle.”

She added that employers should now urgently review template contracts and settlement agreements to ensure they are compliant.

The proposed NDA ban builds on other reforms included in the Employment Rights Bill, which forms part of the government’s wider “Plan for Change” aimed at updating UK labour laws for a modern economy.

If passed, the legislation will mark a significant shift in how workplace misconduct is handled, replacing silence and secrecy with transparency and accountability.