There are significant changes coming into effect in UK law regarding the enforceability of Non-Disclosure Agreements (NDAs) or confidentiality clauses, particularly concerning victims of crime and workplace harassment/discrimination.
Higher Education Providers (from August 1, 2025): A ban has come into effect for higher education providers in England and Wales on using NDAs in relation to complaints of bullying, harassment, sexual abuse, sexual harassment, or sexual misconduct involving staff, members, students, or visiting speakers.
Victims of Crime (from October 1, 2025): Section 17 of the Victims and Prisoners Act 2024 will render NDAs unenforceable if they attempt to prevent a victim of crime from disclosing information related to the crime to certain individuals or organisations, including police, lawyers, regulated professionals (including healthcare professionals), victim support services, regulators, individuals authorised by the aforementioned, and close family (child, parent, or partner) for support.
Workplace Harassment and Discrimination (potential future change): Proposed amendments to the Employment Rights Bill could potentially invalidate NDA clauses that prevent workers from making allegations or disclosures about harassment or discrimination (as defined in the Equality Act 2010), including the employer’s response to such allegations. The exact scope and implementation date are yet to be finalized and will likely involve further consultation.
Businesses and individuals using NDAs should take the following steps to ensure compliance with the evolving law:
- Familiarise yourself with the Victims and Prisoners Act 2024 and related guidance, understanding the expanded categories of individuals and bodies to whom disclosures can be made, and the specific circumstances in which they are permitted.
- Update internal guidance and policies regarding the use of NDAs to align with the new regulations.
- Review and revise template NDAs and settlement agreements to ensure compliance with the new legal limits, explicitly stating when disclosures are permitted.
- Seek specialist legal advice when drafting or reviewing agreements involving sensitive allegations.
- Stay informed about further developments and updates to the law, particularly regarding the Employment Rights Bill amendments.
These changes reflect a move towards greater transparency and protection for individuals, particularly victims of crime and those experiencing harassment or discrimination, marking a shift in the way NDAs can be used in the UK. NDAs will remain a useful tool for protecting legitimate commercial interests but cannot be used to suppress disclosures about criminal conduct or, potentially, workplace misconduct.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
