By Jo Seery, Professional Support Lawyer
The government has launched a consultation on new regulations to prevent employers using non‑disclosure agreements (NDAs) to silence victims of workplace harassment and discrimination. The proposals form part of the Government’s commitment to Make Work Pay by strengthening protections for workers who experience or witness abuse, ensuring confidentiality clauses cannot be used to conceal wrongdoing or deter reporting.
The consultation follows years of campaigning by survivors and trade unions who represent members reluctant to report harassment in the workplace for fear of retaliation. The Government states that the reforms are intended to dismantle a culture in which serious misconduct is hidden rather than addressed, and together with other reforms under the Employment Rights Act 2025 give workers clearer, enforceable rights when faced with harassment or discrimination.
The proposals seek views on the prevention and misuse of NDA’s and confidentiality clauses in contracts and settlement agreements. They also set out who workers should be able to speak to regardless of any confidentiality clause — including the police, regulators, medical professionals, legal advisers and support services. The government is also consulting on whether protections should extend to agency workers and the self‑employed, and whether NDAs used to silence witnesses should be rendered unenforceable. A parallel consultation on whistleblowing reforms is expected later this year.
What this means for workers and trade unions
For workers, the reforms signal stronger protection against coercive or misleading NDAs. It is hoped that following the consultation the law on the use of NDA’s and confidentiality clauses will be reformed to create a better environment for survivors and witnesses of abuse to speak out without fear of a backlash, and ensure employers introduce better practices which prevent harassment and violence in the workplace. Many Unions will be able to use the evidence they have about the negative impact NDA’s have had on their members, to inform the consultation on what reforms are necessary to ensure survivors and witnesses who report harassment and violence in the workplace have their complaints addressed effectively.
Next steps
The consultation will run for 12 weeks, closing on 8 July 2026, with legislative changes expected to follow in 2027. Together with forthcoming whistleblowing reforms, the proposals signal a renewed focus on transparency, accountability and worker protection, with employers likely to face greater scrutiny over how they handle harassment and discrimination complaints.
