Ban on Non-Disclosure Agreements to be Implemented Following Employment Rights Bill Amendments

The UK government is pledging to implement a ban on non-disclosure agreements so businesses cannot use them to silence victims. This comes after a history of employees being bound by confidentiality clauses, unable to speak up, after facing workplace misconduct.

We dive into the recent changes proposed by the government and how this ban on non-disclosure agreements could impact employees.

By law, employees cannot sign an NDA in a settlement agreement without prior independent legal advice. If you have any further questions or want help proceeding with your own, contact us now. Redmans Solicitors are employment law specialists who can assess your circumstances and advise on your possible next steps.

To arrange a free initial consultation:

• Call 020 3397 3603; or
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Government Calls for Ban on Non-Disclosure Agreements

Proposed by Angela Rayner, a recent amendment to the Employment Rights Bill would ensure that confidentiality clauses, or gagging clauses, are made void. This is primarily so that employees who have faced misconduct can come forward and not suffer in silence.

A move such as this is long overdue, as many MPs and committees have been highlighting the victims’ suffering since early 2025. A recent report by the Women and Equalities Committee called for a ban on non-disclosure agreements earlier this year in order to tackle the misogyny in the music industry.

The report found that NDAs are often used in the industry to silence victims facing sexual misconduct. Often, the victims would also be put under legal or financial threat to ensure they would not speak up. The report also found that some were pressured into signing an NDA in exchange for money or to avoid career damage.

MPs Louise Haigh and Layla Moran have also discussed instances where employees were pressured into signing confidentiality agreements.

Similarly, Zelda Perkins, former assistant to Harvey Weinstein, has also been key in ensuring victims’ voices are heard. Having broken her own agreement to accuse him of abuse seven years ago, she co-founded “Can’t Buy My Silence” to campaign against the use of NDAs.

Now, the deputy PM has said that these calls have been heard, and it’s “time we stamped this practice out.”

Ban on NDAs Welcomed by Businesses and Public Support

Non-disclosure agreements are a legitimate legal tool that have been used by many to protect sensitive information. While it makes sense to use NDAs to safeguard trade secrets, they’ve also been exploited to silence employees. This is why a ban on non-disclosure agreements has been welcomed and encouraged.

Co-founder of Can’t Buy My Silence, Perkins, says, “This victory belongs to the people who broke their NDAs, who risked everything to speak the truth when they were told they couldn’t. Without their courage, none of this would be happening.” She promises to ensure that the regulations are watertight and no one is forced into silence again.

Echoing the sentiment, Employment Rights Minister Justin Madders says, “These amendments will give millions of workers confidence that inappropriate behaviour in the workplace will be dealt with, not hidden, allowing them to get on with building a prosperous and successful career.”

Ban on Non-Disclosure Agreements: Future Impact

Zelda Perkins’ experience with Harvey Weinstein is not an isolated event. In 2024, Independent Television News (ITN) was instructed to review its use of NDAs after it was found that confidentiality clauses were being used to cover up misconduct. Similarly, when victims of Mohammed Al-Fayed came forward after his death, it was reported that they were forced into signing NDAs to conceal his sexual crimes.

As highlighted before, NDAs have been a legitimate tool to protect sensitive information. While the original intention of using an NDA has been to protect the signed parties, the use has shifted to also ensure that misconduct and inappropriate behaviour are covered up.

Perkins has termed this ban on non-disclosure agreements a “huge milestone” as they’ve been hearing “empty promises from governments” for years. She says it shows the government is listening and has understood the abuse of power taking place.

The ban on such agreements will give employees freedom to speak out and place greater accountability on employers. This change could ensure that, if misconduct occurs, employers are aware that their power cannot be abused to silence employees or cover up crimes.

The Government, in their press release, has also termed this as “one of the biggest upgrades to workers’ rights”. They state that boosting job security as well as well-being is the top priority in their Plan for Change.

The amendments will now be debated on July 14, when the Employment Rights Bill returns to the House of Lords. If passed, it will need to be approved by MPs.

Get Help with Redmans

If you need further information on NDAs, you should get in touch with us now. Contact our team today to arrange an initial consultation, and we will be able to assess your case.

To get in touch, either:

• Call 020 3397 3603; or
• Fill in our online form.