UK tackles “gagging” NDAs in landmark workers' rights reform
What’s happening?
The UK government has introduced amendments to the Employment Rights Bill that would ban the use of NDAs (non-disclosure agreements) designed to silence victims of workplace harassment or discrimination, including sexual harassment. Any confidentiality clause in a settlement that aims to stifle such disclosures would become null and void
This marks a pivotal moment in reforming workplace culture—ushering in what officials and campaigners call the biggest advancement in workers' rights in a generation.
Why now—and who’s behind it?
- Political momentum: Introduced in October as part of Labour’s Plan for Change, the Employment Rights Bill has been through its Commons stages and now heads to the Lords, where amendments are scheduled for debate.
- A voice for the silenced: Zelda Perkins—once silenced by an NDA after abuse by Harvey Weinstein—co-founded Can’t Buy My Silence in 2021. She's helped shape these reforms, stating they represent a “huge milestone” and a world-leading step that will force abusers to "effing behave themselves.”
- Cross-party backing: Labour's Deputy PM Angela Rayner, alongside MPs like Louise Haigh and Layla Moran, have pushed the changes. They’ve stressed that victims and witnesses shouldn’t be muzzled—and employers must stop hiding wrongdoing.
Why this matters
- Urgent need: Campaigners and surveys underscore how NDAs have long blocked justice—witnesses and employees stayed silent, afraid of litigation or job loss. One in four women report experiencing sexual assault at work.
- Not a blanket ban: Legitimate NDAs remain unaffected—those protecting trade secrets, intellectual property, or commercial confidentiality are still permissible. This change targets only NDAs related to harassment or discrimination.
- Global leadership: The UK joins a growing list of places—over 27 US states, parts of Canada and Ireland—that have curtailed abusive NDAs. Some say the UK’s approach is among the strongest worldwide.
What’s next?
- Legal process
The Bill’s NDA amendments will be considered in the Lords next week ahead of final approval. If enacted, victims and whistleblowers will soon have the right to speak without legal restraint. - Employer response
HR and legal teams must update internal policies, ensuring settlement templates no longer include gagging clauses for harassment disputes. - Cultural shift
Beyond law—real protection means empowering workers to speak out and ensuring tribunals and internal reporting are robust, well-resourced, and trusted.
Bottom line
The upcoming ban on NDAs that suppress harassment claims is a game-changer. Victims will be able to speak freely, and employers must rethink how they handle misconduct. It’s a major stride toward transparent, accountable workplaces—and if fully executed, could cement the UK’s role as a global leader in labour rights reform.
