As of July 2025, the UK government is making it illegal for employers to use non‑disclosure agreements (NDAs) to silence victims of harassment or discrimination. This isn't just a legal update, it's a cultural shift that every HR professional should know about.
What's Changing
- NDAs can no longer be used to prevent victims or witnesses from speaking out about harassment or discrimination thesun.co.uk+3theguardian.com+3ft.com+3theguardian.com+2ft.com+2thesun.co.uk+2.
- These changes are part of the Employment Rights Bill, aiming to align the UK with other leading jurisdictions and empower employees ft.com+4theguardian.com+4reedsmith.com+4.
Why HR Must Take Notice
- Existing NDAs related to harassment will likely be invalid. HR should audit all confidentiality clauses.
- Policies must be updated to reflect the new legal position and explicitly allow reporting.
- Training managers and HR staff to foster open communication is now crucial, not optional.
How to Prepare
- Audit and revise all confidentiality agreements.
- Update employee resources: handbooks, intranet, poster materials.
- Train leaders and HR on the shift, emphasize psychological safety and transparency.
HR Tip
If you find NDAs or clauses that suppress reporting, proactively rescind them as part of your compliance plan, don't wait for a tribunal or scandal.
