Non-disclosure agreements
The Employment Rights Act 2025 introduces a new provision that will restrict employers’ ability to enforce Non-Disclosure Agreements.
This new provision will apply to all agreements between employers and workers, including contracts of employment and settlement agreements. It will mean that any term of such agreement that prevents a worker from making allegations or disclosure about relevant harassment or discrimination will be void and unenforceable. This includes, but is not limited to a workers’ allegation or disclosure about:
- An employer’s failure to make a reasonable adjustment;
- Harassment by a third party; and
- An employer’s response to an allegation.
However, this provision will only apply to allegations or disclosures by workers relating to discrimination or harassment they or their colleagues have suffered, or which was committed by the employer or another colleague. The provision will not apply to “excepted agreements”, which will be defined in due course in secondary legislation following government consultation on this definition.
It is not yet clear when this provision will come into force.
Once it is in force, it will be important to scrutinise new agreements which seek to prevent workers from making disclosures about harassment, discrimination and the failure to make reasonable adjustments. However, these changes will only apply to agreements entered into after this provision comes into force, it will not apply retrospectively to agreements entered into before that date.
Visit our main Employment Rights Act Hub for further information.