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16 October 2026
Issue: 8181 / Categories: Legal News , Non disclosure agreements , Employment
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NLJ this week: Silence comes dear

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Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect

Writing in NLJ this week, Louise Price of Doughty Street Chambers and Jennifer Leeder of Birketts examine the proposed regime under the Employment Rights Act 2025.

Terms preventing workers from discussing relevant harassment or discrimination will become void, including clauses in settlement agreements and ACAS settlements.

However, regulations may preserve limited ‘excepted agreements’. Proposed safeguards include independent written legal advice, informed consent and a 14-day cooling-off period.

Whether employers should be allowed to suggest an NDA remains unresolved. A prohibition could complicate negotiations, while cooling-off rights could make settlements immediately before tribunal hearings harder to secure.

Existing NDAs will not be retrospectively invalidated, and commercial confidentiality agreements remain unaffected.

The authors urge employers to review templates and remind lawyers that NDAs ‘should not be used routinely’ under regulatory guidance.

MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

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It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
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