Proposed restrictions on non-disclosure agreements (NDAs) in the Employment Rights Bill could change how UK employers handle discrimination and harassment claims. Here is what Human Resources (HR) needs to know.
What is happening?
A government-backed amendment to the Employment Rights Bill would make certain confidentiality clauses void. Specifically, those that attempt to prevent workers from making allegations or disclosing information about harassment, discrimination, or the employer’s response.
That includes what was done (or not done) after the allegation was raised, how the investigation was handled, and even what was agreed in a settlement.
There is no need for whistleblowing hurdles. No need for the claim to be true. No restriction on who the worker tells.
What kinds of claims are in scope?
The rules would apply to:
- Harassment and discrimination as defined in the Equality Act 2010.
- Conduct by the employer or another worker.
- Situations where the victim is the worker or a co-worker.
But not:
- Failure to make reasonable adjustments.
- Bullying, unless tied to a protected characteristic.
Who would be protected?
Employees and workers.
The definition may expand to include contractors, interns, or others in due course.
Existing agreements would not be affected – the change would not be retrospective.
Will this ban NDAs?
No. However, any clause that prevents a worker from discussing relevant harassment or discrimination would be unenforceable.
You could still use NDAs for:
- Other claims (such as unfair dismissal).
- Confidentiality about the settlement terms for non-discrimination issues.
What about ‘excepted agreements’?
Regulations may allow NDAs in specific situations – these are expected but not yet defined.
The Irish model gives a possible direction:
- NDA requested by the employee.
- Supported by independent legal advice.
- A cooling-off period applies.
But for now, there is no confirmation of a UK equivalent.
What should you do?
Review templates
Check confidentiality and non-disparagement wording in settlement agreements and contracts.
Track the secondary legislation
Stay alert for the definition of ‘excepted agreements’ and related guidance.
Prepare your people
Settlement negotiators and line managers should understand that confidentiality cannot always be guaranteed.
Assume scrutiny
If an employee can talk about what happened and how you handled it, would you be comfortable with that going public?
Do not delay
The amendment is not yet law, but it is likely to pass. Implementation could follow in 2026.
Final word
This is not a full NDA ban. But it is a major rethink of what employers can lawfully keep confidential. For HR, it means being realistic about the limits of confidentiality and preparing for more open conversations.
