The UK government intends to ban non-disclosure agreements that suppress employee reporting of workplace harassment or discrimination, with amendments to the Employment Rights Bill. Effective from 7 July 2025, any clauses attempting to silence employees will be void unless under specific exceptions. This change signifies a considerable shift in employment law affecting HR teams and employers. The law covers all employment agreements and protects disclosures regarding harassment allegations, including those lacking detailed specifics and protections across all characteristics in the Equality Act.
The change, announced on 7 July 2025, means that any clause in a contract or settlement agreement that attempts to silence an employee from disclosing or alleging harassment or discrimination will be legally void, unless the agreement falls under a narrow, as-yet undefined, exception.
The amendment marks a major shift in employment law, with serious implications for HR teams, legal advisers and employers who routinely rely on confidentiality clauses as part of workplace settlement agreements.
The proposed ban will apply to any employment agreement - including employment contracts, settlement agreements, or exit packages - that seeks to restrict workers from making allegations of harassment or discrimination.
Significantly, the ban applies to all protected characteristics under the Equality Act, including age, sex, race, disability, religion, sexual orientation and gender reassignment.
#employment-law #non-disclosure-agreements #workplace-harassment #discrimination #uk-government-policy
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