header-logo header-logo

09 July 2025
Issue: 8124 / Categories: Legal News , Non disclosure agreements , Employment , Harassment , Abuse
printer mail-detail

NDA ban a double-edged sword

The government is banning employers from using non-disclosure agreements (NDAs) to silence victims of harassment and abuse

The change will be introduced through an amendment to the Employment Rights Bill.

However, Nikola Southern, partner at Kingsley Napley, warned the ban could have ‘unintended consequences’ by deterring victims from raising complaints and employers from settling claims.

‘Many victims of harassment and discrimination (including of sexual harassment) rely on NDAs to protect their own interests and identity as confidentiality can—and often does—work both ways in settlement agreements,’ Southern said.

‘Victims will have less control over what information about them and their experience makes it into the public domain.’ She said employers might be more inclined to defend the claim to protect their reputation as they may feel the information is likely to come out.

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll