The BEIS have announced plans for new legislation to tackle the misuse of Non-Disclosure Agreements (NDAs), also known as confidentiality clauses, in the workplace including those being used to cover up harassment. The new legislation will include: (1) Prohibiting NDAs being used to prevent individuals from disclosing information to the police, regulated health and care professionals, or legal professionals, such as a doctor, lawyer, or social worker; (2) Ensuring employers make clear the limitations of a confidentiality clause, in plain English, within a settlement agreement and in a written statement for an employee, so they fully understand what they are signing and their rights; (3) Extending current legislation so that individuals signing NDAs will get independent legal advice on the limitations of a confidentiality clause; and, (4) Introducing new enforcement measures to deal with confidentiality clauses that do not comply with the law, e.g. making the NDA legally void.

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