In a landmark move to reform workers’ rights, the UK Government is set to ban the use of non-disclosure agreements (NDAs) that silence employees who have suffered harassment, discrimination, or abuse in the workplace.
On Monday evening, ministers will table pivotal amendments to the long-awaited Employment Rights Bill, aiming to outlaw legally binding NDAs that prevent workers from speaking out about unacceptable behaviour – including sexual harassment and racial discrimination.
If approved, the new laws will render confidentiality clauses in future settlement agreements void if they attempt to stop victims or witnesses from discussing workplace misconduct. The legislation will empower employees to share their experiences and enable bystanders – including fellow staff and employers – to support them publicly without fear of legal reprisal.
The changes do not affect NDAs used for legitimate business purposes, such as safeguarding trade secrets, intellectual property, or sensitive commercial information.
However, they are expected to introduce one of the world’s most robust legal protections for workers, particularly benefitting those in low-paid or insecure roles.
After years of advocacy from campaigners, including high-profile survivors of abuse, the government has broadened its focus beyond elite circles tied to the #MeToo movement to address systemic misuse of NDAs in everyday workplaces.
Deputy Prime Minister Angela Rayner stated: “Victims and witnesses of harassment and discrimination should never be silenced. The use of NDAs to cover up abuse is growing – particularly among those in insecure, low-wage jobs. This cannot continue. We’re banning NDAs used to bury misconduct and giving survivors the voice they deserve.”
The reforms form part of the biggest overhaul of UK workers’ rights in a generation, which includes:
- Day-one employment rights
- Formation of sector-wide collective bargaining groups
- Strengthened family-friendly entitlements
- Enhanced provisions for bereavement leave
- A crackdown on exploitative practices like “fire and rehire”
While NDAs were originally intended to protect corporate confidentiality, their misuse has become widespread. Many employers have relied on NDAs to settle cases of sexual misconduct, racism, and pregnancy discrimination, leaving victims unable to speak out.
The abuse of NDAs has been especially prevalent in hospitality, retail, care work, and other insecure employment sectors, often coupled with non-disparagement clauses that further restrict employees’ freedom to disclose wrongdoing.
A 2024 report by the Chartered Institute of Personnel and Development (CIPD) revealed that:
- 22% of UK employers admitted to using NDAs in response to sexual harassment allegations.
- 44% said they did not, while 34% were unsure, suggesting low awareness of how NDAs are applied.
- Nearly half of employers (48%) support a ban, with only 18% in opposition.
Zelda Perkins, a former assistant to Harvey Weinstein and co-founder of the campaign group Can’t Buy My Silence, called the reforms a “huge milestone”:
“Governments have promised action for years, but victims were still being silenced. This is a victory for the brave individuals who broke their NDAs and told the truth despite the risk.”
MP Louise Haigh, who led the parliamentary effort alongside Liberal Democrat Layla Moran, said:
“Too many victims have been forced to suffer in silence. These changes will stop bad employers from using NDAs to hide abuse and deny justice.”
Moran added that the reform would not have happened without the testimonies of students and victims who bravely came forward:
“It’s been a privilege to amplify their voices in Parliament and push for this change.”
The UK follows in the footsteps of Ireland, Canada, and parts of the United States, where legislation has already been passed to limit NDAs that cover sexual harassment and discrimination unless explicitly requested by the employee.
