Non-Disclosure Agreements
A new provision will make a term in any agreement, including contracts of employment and settlement agreements, which prevents a worker from making allegations or a disclosure about harassment or discrimination void and unenforceable. This includes allegations or disclosures relating to discrimination or harassment of workers or their colleagues which was committed by the employer or another colleague. It also includes non-disparaging clauses but not “excepted agreements”.
The Government consulted on the conditions for excepted agreements to be valid between 15 April 2026 and 8 July 2026. Further regulations will be required and the provisions are expected to come into force some time in 2027 and will not be retrospective.
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
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