Government launches consultation on preventing the misuse of non-disclosure agreements (NDAs)

The Employment Rights Act 2025 introduces a significant reform, aimed at preventing the misuse of non-disclosure agreements (NDAs) in cases involving harassment and discrimination.

Under the new provisions, any term in an agreement between an employer and a worker - such as a contract of employment or a settlement agreement - that seeks to prevent the worker from speaking about relevant harassment or discrimination, will be void. The exception is where the agreement satisfies specific conditions which will be outlined in regulations. 

These changes are expected to come into force in 2027, although the precise implementation date has yet to be confirmed. 

Government consultation

The government has launched a consultation on the detail of these regulations, which is open until 8 July 2026. 

The consultation seeks views on several key areas:

• Conditions for valid NDAs ("excepted agreements") 

  The government is considering what conditions will need to be met for an NDA to still be validly entered into in cases involving harassment and discrimination. Agreements that meet these criteria will be referred to as “excepted agreements”.

• Permitted disclosures 

  The consultation also explores who workers should be allowed to speak to about their experiences, regardless of any NDA restrictions. These may include specified individuals or bodies, and such disclosures will be known as “permitted disclosures”.

• Scope of coverage

  The government is seeking views on whether the legislation should, in future, extend beyond the current definitions of “employee” and “worker”. This could potentially bring certain self-employed individuals within scope.

How to respond

You can read and engage with the consultation here: Consultation on regulations to prevent the misuse of NDAs in cases of workplace harassment or discrimination