Why Employers Must Act Now on Harassment and NDA

The UK government is taking a landmark step toward safer, more transparent workplaces. Under new amendments to the Employment Rights Bill, currently progressing through the House of Lords, non-disclosure agreements (NDAs) that prevent individuals from speaking out about workplace harassment or discrimination will be rendered void. 

This reform builds on the Worker Protection Act (2024), which introduced a proactive duty on employers to prevent harassment. Together, these changes signal a cultural and legal shift that employers cannot afford to ignore. 

What’s Changing? 

The new legislation will: 

• Invalidate any NDA or confidentiality clause, including those in settlement agreements, that seeks to silence victims or witnesses of harassment or discrimination. 

• Allow individuals to speak freely about their experiences without fear of legal repercussions. 

• Preserve the original intent of NDAs for protecting commercial or intellectual property, while ending their misuse to conceal misconduct or criminal acts. 

Implications for Employers 

This is not just a legal update, it’s a call for cultural change. Employers should: 

• Review and revise all HR and legal documentation, especially settlement agreement templates, to ensure compliance. 

• Train leadership on the new legal landscape and the importance of fostering a respectful, transparent workplace. 

• Invest in prevention: implement robust anti-harassment training, clear reporting channels, and access to independent support. 

• Monitor patterns and proactively address workplace culture issues before they escalate. 

The legal focus is shifting from reactive responses to proactive prevention. Employers will increasingly be held accountable not only for how they handle complaints, but for whether they created an environment where such behaviour could occur in the first place. 

Balancing Transparency and Choice 

While the goal is to enhance accountability, some legal experts caution that a blanket ban on NDAs could limit the autonomy of victims who may prefer confidential resolutions.  

Why It Matters 

The reputational, legal, and ethical stakes are high. In an era of heightened scrutiny, organisations that fail to adapt risk losing trust, talent, and credibility. 

This amendment is a test of leadership. It challenges employers to ask: Are we building a culture of openness and respect, or relying on outdated tools of control? 

The era of silence is ending. Those who lead with integrity and transparency will build stronger, safer workplaces where people feel heard, valued, and protected.