Confidentiality clauses void in harassment and discrimination cases

Implementation date: To be confirmed

The Employment Rights Act 2025 includes a provision to ban the use of confidentiality clauses that prevent disclosures relating to workplace harassment and discrimination. Such clauses in an agreement between the employer and worker will be void. This will cover confidentiality clauses in employment contracts as well as separate "non-disclosure agreements" (NDAs). 

Regulations are expected to set out further detail, including any exempt circumstances in which such confidentiality clauses will be allowed. 

It is not yet known when this measure will come into force.