Confidentiality clauses void in harassment and discrimination cases

Implementation date: Expected 2027

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. 

The Government has confirmed, in its timeline update on the Employment Rights Act 2025, that this measure will take effect in 2027.