Released with a headline announcing that “victims of workplace abuse will no longer be silenced,” the UK Government’s consultation on new rules to stop employers covering up abuse in the workplace by using non-disclosure agreements (NDAs) is the latest in a series of potentially seismic employment law reforms parcelled in the Employment Rights Act 2025.
NDAs will be legally unenforceable if they attempt to silence workers about harassment, discrimination, whistleblowing or reporting concerns to authorities or advisers. They remain valid in cases of protecting commercial confidentiality.
David Greenhalgh, employment partner at Excello, spoke to publications including Intelligent CXO and HR Review about the potential consequences of a ban for both employees and employers.
What does the Government consultation say?
On 15 April 2026, the Government requested views from industry experts and the general public about regulations to “stop employers from using NDAs to cover up workplace harassment and discrimination”. The consultation is in tandem with broader reforms including reforms to whistleblowing, planned for the summer.
Themes within the consultation’s scope include:
- What conditions should be met for an NDA to be valid
- Routes for those citing harassment or discrimination where there is an ‘excepted agreement’ in place
- Expanding a ban to include workers who are by law self-employed
Commentary by David Greenhalgh
Women should be allowed to get justice on their own terms, and if that means they are happy to take a payment under the terms of a settlement agreement with an NDA, that is their choice.
It is important that reforms prevent the misuse of NDAs to pressure or silence victims. However, care must also be taken to preserve the ability of individuals to make informed decisions about how they resolve their claims.
Women should not be prevented from being able to get compensation for the mistreatment they have suffered nor should they be forced into the front line of women’s rights in the workplace unless they want to. Not every victim wishes to pursue litigation or become a public voice for workplace reform.
