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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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