In a move that’s being hailed as a watershed moment for workers’ rights, the UK government is preparing to outlaw non-disclosure agreements (NDAs) used to gag victims of workplace harassment, discrimination, and misconduct.
Under a sweeping Employment Rights Bill currently progressing through Parliament, NDAs that prevent employees from speaking out about unlawful treatment will soon be null and void, even if signed.
A Culture of Silence, Now Challenged
For decades, NDAs have operated in the shadows of employment law. Quiet settlements, confidential payouts, and airtight contracts allowed companies to contain scandals and preserve reputations at the cost of justice and transparency.
But that era is coming to an end.
“Victims of workplace abuse should never be legally forced into silence,” a spokesperson for the Department for Business and Trade said. “This reform ensures the law protects people, not predators.”
The Numbers That Made Silence Impossible
The shift didn’t come from nowhere. A major survey of more than 300,000 women across the UK exposed disturbing trends:
- 1 in 4 said they’d been sexually assaulted at work or during work-related events
- 43% reported inappropriate touching
- 28% said they had been shown pornographic material by colleagues
- 3% accused their managers of assault
And perhaps most alarming, 22% of employers admitted to using NDAs to handle harassment cases. A practice that, until now, was entirely legal.
A Global Shift and the UK Joins In
The UK now joins a growing international wave. Ireland, parts of Canada, and multiple US states have already moved to restrict the use of NDAs in abuse cases. Campaigners say it’s time the UK followed suit.
One of the loudest voices has been Zelda Perkins, a former assistant to Hollywood mogul Harvey Weinstein. After breaking her NDA and going public, she co-founded the campaign group Can’t Buy My Silence, which has played a key role in shaping this UK legislation.
“This is a historic turning point,” she told the press. “People will no longer be legally blackmailed into silence.”
What the NDA Ban Actually Means
Under the new law, NDAs will still be permitted in cases involving intellectual property, trade secrets, or commercial confidentiality. But when it comes to:
- Sexual harassment
- Discrimination (race, gender, disability, age)
- Bullying
- Whistleblowing
- Unlawful dismissal related to reporting abuse
…these matters can no longer be swept under the rug.
Even if an employee has already signed an agreement, they will retain the legal right to speak out.
What Employers and HR Teams Must Do Now
The bill hasn’t yet passed into law, but it’s not a matter of if, only when. Smart businesses are already reviewing their internal policies, contracts, and legal practices to stay ahead.
Key Actions for Employers:
- Audit your current NDAs: Identify and revise any clauses that might breach the upcoming rules.
- Revisit your settlement agreement templates: Ensure future documents align with evolving legal expectations.
- Update misconduct, grievance, and whistleblower policies: Your team needs clear, lawful routes for reporting issues.
- Train leadership and HR staff: Preventative culture starts with informed management.
Trust as a Business Strategy
This legislation isn’t just about compliance, it’s about culture. Businesses that value transparency, integrity, and open communication will thrive in this new era.
“Being the kind of employer who supports rather than silences staff is fast becoming a brand advantage,” says HR consultant Nadia Moore. “People want to work for organisations that align with their values. This ban is a chance to prove where yours lie.”
In a talent-driven economy, ethical leadership isn’t a liability; it’s a competitive edge.
Need guidance on aligning your business with the upcoming law?
A Turning Point for UK Workplaces
The NDA ban is more than just another legal reform. It’s a national statement: we will no longer allow silence to protect abuse.
As the bill makes its way through Parliament and Royal Assent draws near, one thing is that the rules of engagement between employers and employees are changing.
And for many, this change is long overdue.
