Under a proposed change to UK employment law, employers will no longer be allowed to use non-disclosure agreements (NDAs) to prevent workers from speaking out about sexual misconduct or discrimination in the workplace.
An amendment to the Employment Rights Bill would render confidentiality clauses void if they attempt to stop individuals from disclosing allegations of harassment or discrimination. The Government says the measure is designed to protect victims and ensure workplace cultures do not allow serious misconduct to be hidden.
NDAs are legally binding agreements used to protect confidential information between two parties. While they can serve legitimate purposes – such as protecting intellectual property or sensitive business data – they have increasingly been used to suppress reports of inappropriate behaviour, particularly in employment disputes.
The proposed reform follows similar legal changes in countries including Ireland, the United States, and parts of Canada. Those jurisdictions already prevent NDAs from being used to silence victims of sexual harassment or discrimination.
The amendment will be debated in the House of Lords on 14 July. If peers approve, the Bill will return to the House of Commons for final approval before becoming law later this year.
The Government says the change strikes a balance between legitimate confidentiality and protecting individuals’ rights to speak out about unacceptable treatment. It is expected to offer greater protection and transparency for workers while encouraging more open and accountable workplace cultures.
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