Legal experts spotlight concerns around proposed ban on workplace NDAs
Announced on July 8, 2025, the UK government's plan to ban non-disclosure agreements in cases of harassment and discrimination has been met with backlash from some legal experts. According to some lawyers, the amendments to the Employment Rights Bill may deprive victims of workplace misconduct from necessary protections, while others argue changes are necessary to give voice to victims.
Laura Bolam, from the charity Rights of Women, told The Mirror they welcome the ban on NDAs that have long been used to silence survivors. Rights of Women offers free confidential legal advice and information to UK women with a specific focus on Violence Against Women and Girls (VAWG).
Bolam says the ban "marks a significant step towards transparency and accountability" but that the charity acknowledges why some survivors may rely on confidentiality. She said: "We recognise that some women may still seek confidentiality as part of a resolution, for their own safety, wellbeing, or peace of mind.
"It is vital that any reform centres survivors' agency, ensuring confidentiality is never imposed, but remains a meaningful choice," says Bolam.
Karen Jackson from Didlaw, the specialist employment and discrimination law firm, argues that there is "high risk" the ban will "deprive" victims of a practical and safe forms of resolution. Jackson, founder of Didlaw, says the proposal to ban confidentiality clauses may have unintended consequences and that she "would not in good conscience advise anyone to pursue litigation if a resolution can be found."
In a statement to The Mirror, she says most victims choose settlement 'which gives certainty, closure and financial security for a period' and that pursuing litigation can have a harmful impact on victims' health, which should be taken into consideration. She also says NDAs as they operate now do not preclude victims from reporting the matter to the police or a regulator.
'There is a high risk that the removal of NDAs will deprive victims of a method of resolving an issue because in real life this is what employers pay settlements to achieve." Jackson warns that the new amendments do not signal a victory, especially not for low wage earners.
'I fear this is throwing out the baby with the bathwater and I do not understand the jubilation among women campaigners about this,' Jackson says. 'I do not see it as a victory and for low earners or those on income support the ban could deprive them of any solution."
Elizabeth McGlone, a managing partner at Didlaw, shared similar sentiments. She said: 'Many victims of workplace misconduct want protection in respect of confidentiality and reassurance that they will not be bad-mouthed or talked about.
"Having acted for many women that have suffered serious sexual harassment in the workplace, NDAs have actually been a shield and a method of protection. They can bring closure to what has been a traumatic period in their life that they want to put behind them,' she added.
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The UK government confirmed on July 8 that it will amend the Employment Rights Bill to prevent the use of non-disclosure agreements to 'silence' victims of workplace harassment and abuse. A clause will be added to the bill, which returns to the House of Lords on July 14, that will mean confidentiality clauses in settlement agreements or other agreements that seek to prevent a worker speaking about an allegation of harassment or discrimination will be null and void.
The ban has been widely praised by government officials and the public alike calling it a massive step forward. Deputy PM Angela Rayer said the call to end the misuse of NDAs came from victims of harassment and discrimination directly, who will no longer have to 'suffer in silence'.
The campaign group Can't Buy My Silence, spearheaded by Zelda Perkins, former PA to Harvey Weinstein, has led the charge in calling for this change, alongside MPs such as Louise Haigh and Sarah Russell.
Perkins shared that the amendment is a 'huge milestone' and that it shows the government has finally "understood the abuse of power taking place'. She also says it's a victory for those who broke their NDAs and 'risked everything' to speak the truth.
'This is not over yet and we will continue to focus closely on this to ensure the regulations are watertight and no one can be forced into silence again. If what is promised at this stage becomes reality, then the UK will be leading the world in protecting not only workers but the integrity of the law,' says Perkins.
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