As part of the Employment Rights Bill, the government is set to make any non-disclosure or non-disparagement clause covering harassment or discrimination void. This means that victims can speak freely, and employers can no longer silence their wrongdoings behind the scenes.
A Decades-Long Campaign
For years, NDAs intended to protect confidential business information became tools for concealment. Both high-profile figures and everyday employees were prevented from sharing experiences of any misconduct. Zelda Perkin, once silenced by an NDA in the Weinstein case, now leads the Can’t Buy My Silence campaign, a key voice behind this reform. Furthermore, Labour’s Angela Rayner, Louise Haigh, Layla Moran and many others have rallied behind this change, declaring it “one of the strongest worker protections globally”.
What the Law Changes
- Confidentiality clauses in harassment settlements become null and void – victims and witnessed cannot be legally gagged
- Legitimate NDAs remain valid – standard commercial confidentiality (e.g. trade secrets) is unaffected
- Witness protection – employers and colleagues can now openly support the victims without fear of legal reprisal
Legal and Practical Implications
- Greater Transparency and Accountability
- The law shifts the tone from secrecy to openness. The employers must now confront any misconduct publicly or risk legal and reputational consequences. This could be useful in prompting cultural change, especially in historically secretive industries such as music and financial services.
- Potential Trade-Offs for the Victims
- Some legal professionals warn that forbidding the confidentiality may reduce the bargaining power of victims. Not all of them publicity and instead may opt for discreet settlements. The loss of this total confidentiality could thus deter some from coming forwards
- Global Precedent
- The UK joins a growing list of countries (e.g. Ireland, Canada, and certain US states) that curb the NDAs in harassment cases. This would position the UK as a potential model for broader reform.
- Impact on Corporate Governance
- The employers will need to overhaul the settlement processes, ensuring they separate the commercial confidentiality from harassment clauses, The human resources, legal teams, and insurers must prepare for these changes and revise their internal policies.
- Wider Worker Protections
- This reform is a part of a strong legislative push towards transparency, including broader whistleblower protections, right-to-workday provisions, and expanded family rights. Thus, it marks the most ambitious overhaul of worker rights in generations.
What‘s Next?
The Employment Rights Bill is expected to return to the House of Lords imminently. Once enacted:
- Harassment-related NDAs will be void from the outset
- Victims can safely share experiences
- Employers need to revise settlements and legal frameworks accordingly
Silencing No More
This change is more than legal – it’s cultural. By removing the gagging clauses that once hid the workplace abuse, the UK is demanding transparency, supporting the victims, and holding the employers to account. While the concerns about victim privacy and negotiation dynamics remain, this legislation marks a decisive step towards a fairer workplace. It looks towards one where silence no longer shields misconduct, and accountability takes its place.
Key Legal Terminology
- NDA (Non-Disclosure Agreement) – A legal document between two or more parties who agree not to disclose any sensitive information revealed over the course of doing business together.
- Non-Disparagement Clause – A provision in a contract that prohibits one or more parties from making negative or damaging statements about another party.
- Harassment – Unwanted conduct related to a protected characteristic (e.g. sex, race, disability) which violated a person’s dignity or creates a hostile environment.
- Discrimination – Unfair treatment based on the characteristics above.
- Gagging Clause – A condition in a contract of employment forbidding an employee from publicly disclosing information about their employer or work.