UK Government Proposes Ban on NDAs to Conceal Workplace Misconduct

Original source: Read the original article from The Guardian ↗

Factual summary

The Guardian reports that the UK government intends to ban employers from using non-disclosure agreements (NDAs) to conceal workplace harassment and discrimination. Proposed amendments to the employment rights bill would render confidentiality clauses in settlement agreements null and void if they prevent a worker from discussing allegations of harassment or discrimination. This move aims to allow victims to speak freely and enable witnesses to report misconduct without fear of legal action. A 2024 CIPD report indicated that 22% of surveyed employers used NDAs for sexual harassment allegations, and 48% would support a ban. A Unite survey found significant prevalence of sexual assault and harassment at work among female members.

What happened

The Guardian reports that the UK government is planning to table amendments to its employment rights bill to prohibit the use of legally enforceable non-disclosure agreements (NDAs) that aim to cover up workplace harassment and discrimination. If passed, confidentiality clauses in settlement agreements preventing a worker from discussing allegations of harassment or discrimination would be null and void. This legislative change is intended to allow victims to speak freely about their experiences and enable witnesses, including employers, to report poor conduct and support victims without fear of being sued. The proposed ban would not affect NDAs used for legitimate commercial purposes. This initiative is part of a broader overhaul of workers' rights, which includes introducing day one rights and strengthening family-friendly entitlements. The Chartered Institute of Personnel and Development (CIPD) reported in 2024 that 22% of surveyed employers used NDAs for sexual harassment allegations, while 48% supported a ban. A Unite survey of 6,615 female members found that 25% had experienced sexual assault at work, and 43% had been inappropriately touched.

Why this matters

This proposed legislation directly impacts how UK workplaces manage allegations of harassment and discrimination. If enacted, it would fundamentally alter the enforceability of confidentiality clauses in settlement agreements related to such misconduct. Employers would no longer be able to use NDAs to prevent individuals from speaking about their experiences, shifting the focus towards transparency and accountability. This change could encourage more reporting of misconduct, requiring organisations to review and potentially revise their internal grievance handling, investigation, and settlement processes to ensure compliance and foster a culture where concerns can be raised openly.

UK workplace relevance

The proposed ban on NDAs for workplace misconduct signifies a significant shift in the UK's approach to protecting employees from harassment and discrimination. It underscores a societal and governmental move towards greater transparency and accountability in addressing inappropriate behaviour at work. For all UK employers, this means a potential future where the ability to 'silence' individuals through NDAs regarding misconduct allegations will be removed. This could lead to increased scrutiny of workplace culture, a greater emphasis on robust internal reporting mechanisms, and a need for clear policies that support victims and witnesses. It highlights the importance of fostering an environment where employees feel safe to report concerns without fear of reprisal, reinforcing the employer's duty of care.

What an employee may wish to document

• Maintain clear, accessible records of all harassment and discrimination policies, ensuring they are regularly communicated to all employees.
• Document all reports of harassment or discrimination, including the date, individuals involved, nature of the allegation, and any immediate actions taken.
• Keep detailed records of any internal investigations, including interview notes, evidence gathered, and conclusions reached, ensuring impartiality and thoroughness.
• Record all communications with individuals involved in a complaint, including offers of support, adjustments made, and outcomes of grievance processes.
• Ensure that any settlement agreements clearly distinguish between legitimate commercial confidentiality and clauses that might unlawfully restrict reporting of misconduct, should the proposed legislation pass.
• Document training provided to managers and employees on harassment, discrimination, and the organisation's reporting procedures.

Related guidance and tools

ACAS guidance · How to document workplace bullying · Workplace incident log

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