Consultation seeks views on limiting NDAs in harassment and discrimination cases
The UK government has launched a consultation on proposals to restrict the use of non-disclosure agreements (NDAs) in cases involving workplace harassment and discrimination.
The consultation, led by the Department for Business and Trade, forms part of wider reforms introduced under the Employment Rights Act 2025. It will remain open for responses until 8 July 2026.
Under existing provisions in the Act, any clause in an agreement between an employer and a worker that seeks to prevent disclosure of harassment or discrimination is void. This includes terms in employment contracts and settlement agreements.
The consultation seeks views on how NDAs may still be used in limited circumstances, referred to as “excepted agreements”. One proposal under consideration is that such agreements would only be valid where they are requested by the worker and entered into after the individual has received independent legal advice.
The government is also examining what types of disclosures should be permitted regardless of any NDA. These “permitted disclosures” could include communications with legal professionals, medical practitioners and other specified individuals or bodies.
In addition, the consultation explores whether the scope of the legislation should be expanded beyond the current definitions of “employee” and “worker” set out in the Employment Rights Act 1996. This could extend protections to certain categories of self-employed individuals.
The proposals have been introduced as part of a broader policy initiative aimed at improving workplace protections and addressing concerns about the inappropriate use of confidentiality clauses.
Kate Dearden and Peter Kyle are among those overseeing the initiative. The government has invited responses from a wide range of stakeholders, including individuals with experience of NDAs, employers, trade unions, legal representatives and academic experts.
The consultation aims to gather evidence on how NDAs are currently used and to assess whether further safeguards are required to ensure that individuals are not prevented from reporting misconduct.
The outcome of the consultation will inform potential future legislation or regulatory changes governing the use of NDAs in employment contexts.