For years, NDAs (Non-Disclosure Agreements) have been a routine feature in employment contracts and settlement agreements, originally intended to protect business interests and confidentiality. But that could soon change.
A new wave of employment reform, currently progressing through Parliament as part of the Employment Rights Bill, aims to curb the misuse of NDAs. While they once served a legitimate purpose, NDAs have too often been used to silence victims of workplace misconduct. If the proposed amendments are passed, NDAs will no longer be enforceable when used to prevent disclosures of harassment, bullying, discrimination or criminal behaviour. It’s a long-overdue shift, and one that many hope will finally bring greater transparency and accountability to UK workplaces.
What’s Changing?
Let’s break it down;
No more gagging clauses
NDAs can no longer be used to stop employees from speaking up about harassment, bullying, discrimination, or criminal behaviour. The days of “sign this and stay silent” are over. They can (and should) talk about it. This change will also empower witnesses to speak out and publicly support victims without fear of legal repercussions.
Clarity is key
No more legal riddles. NDAs must clearly explain what someone can and can’t say and do it in language that doesn’t require a law degree to understand.
Independent legal advice is a must
Employees signing NDAs must receive proper legal advice that explains the NDA’s scope in full. Not just “sign here and hope for the best.”
What does this mean for employers?
This isn’t a cancelation of NDAs – it’s a rebrand. You can still protect trade secrets and confidential info (phew!), but you can’t wrap up bad behaviour in a pretty NDA bow and pretend it never happened.
If you’re still using NDAs from years ago, it’s time for a serious update. Misusing or misapplying an NDA under the new Bill could land you in legal hot water, not to mention reputational damage.
As an HR professional, I see this as a positive step. It brings more balance to the table. Employers can still protect trade secrets and confidential data, but without shutting down legitimate concerns or complaints.
Let’s Talk About Culture
Here’s the truth: if you’re using NDAs to keep people quiet about toxic behaviour, the issue isn’t the employee – it’s the organisation.
A healthy workplace culture doesn’t rely on silence. It relies on trust, transparency, and the courage to call things out and make them better.
And at Amicus Law, that’s exactly what we stand for.
We’re All About Our People
We’re thrilled to share that we’ve just been named Employer of the Year 2025 at Devon & Somerset Law Society, because we walk the talk.
We’ve built a culture rooted in trust, openness, and inclusion and it is at the heart of everything we do. We operate with an open-door policy where every employee, regardless of role or title, is heard. If something’s not right, we want to hear about it and fix it. We take pride in being a firm where feedback is not just welcomed – it’s acted on.
We don’t use NDAs to silence people. We work hard to make sure there’s nothing to silence.
Final Thoughts
This isn’t just a legal update – it’s a cultural shift. It’s about trust, clarity, and building workplaces where people feel safe speaking up.