Confidentiality clauses in workplace discrimination and harassment cases are set to change. As part of the government’s Employment Rights Bill, new provisions will ban the use of non-disclosure agreements (NDAs) that prevent workers from speaking out about such behaviour. The move is intended to stop victims being “silenced” and to promote greater transparency and accountability across UK workplaces.
The reforms are designed to prevent victims from being “silenced” and to foster a culture of greater transparency and accountability. No commencement date has yet been confirmed but the government intends to phase in the many provisions in the Bill via regulations (likely using 6 April and 1 October common start dates), with many reforms expected to roll out across 2026 and 2027.
What are NDAs – and why are they controversial?
NDAs, or confidentiality clauses, are legally binding provisions that restrict parties from sharing certain information. In the workplace, they are often used legitimately to protect business-sensitive data such as trade secrets or intellectual property.
However, NDAs have drawn widespread criticism when used in cases of harassment or discrimination. Critics argue that they effectively “gag” victims, allowing inappropriate or unlawful behaviour to remain hidden. Advocacy groups say this perpetuates systemic issues within workplace culture, while some employers maintain they have relied on NDAs to limit reputational risk.
How will the NDA ban work?
The Employment Rights Bill will render void any contractual term, whether in an employment contract or settlement agreement, that prevents a worker from disclosing or making allegations of harassment or discrimination, as defined under the Equality Act 2010.
Importantly, the protection applies not only to a victim’s own experiences but also to disclosures about how the employer handled such allegations, or to misconduct affecting colleagues. In practice, this means:
- Workers cannot be silenced about discrimination or harassment they experienced or witnessed.
- The prohibition covers misconduct by both employers and fellow workers (but does not extend to third parties).
- The rules will apply to current and former workers, with scope for extension to contractors, trainees and agency staff through future regulations.
The government has clarified that the ban will not affect legitimate confidentiality agreements designed to protect genuine commercial secrets or intellectual property.
Support and challenges
The proposed reforms have been welcomed by trade unions, campaigners and employee advocacy groups as a vital step toward safer, more transparent workplaces. By removing the ability to impose “gagging clauses”, the law aims to encourage organisations to address workplace issues head-on rather than resolve them behind closed doors.
However, some commentators have flagged potential challenges. Without the option of confidentiality, employers may be more reluctant to settle disputes privately, which could lead to more cases reaching tribunal. For victims, while the law enhances their freedom to speak out, the personal and professional risks of public disclosure, such as media scrutiny or workplace backlash, may remain daunting.
Employers may also take a more cautious approach to recruitment and internal processes, particularly in sectors where workplace culture is under close scrutiny.
Preparing for the changes
Although commencement is still some way off, employers should use this time to prepare. Practical steps include:
- Reviewing template contracts and settlement agreements to ensure they do not restrict equality-related disclosures.
- Updating policies and training to reinforce a culture of openness and proactive handling of harassment or discrimination concerns.
- Equipping managers with the skills to respond quickly and appropriately to complaints, helping prevent escalation into formal disputes.
The next few months will be crucial in finalising the legislation and setting the direction for workplace practices in the years ahead.
Conclusion
The proposed ban on NDAs in discrimination and harassment cases is a landmark change that reflects a wider push for transparency and accountability in UK workplaces. While the reforms are intended to protect employees and strengthen workplace culture, they also present new challenges for employers in managing risk and resolving disputes. Preparing now will put organisations in the best position to adapt smoothly once the Employment Rights Bill takes effect.
