The Department for Business and Trade is seeking views on proposals to prevent the misuse of non-disclosure agreements (NDAs) in cases of workplace harassment and discrimination.
This consultation is seeking views on proposals regarding:
- the conditions which need to be met for a NDA to still be validly entered into (‘excepted agreement’) in cases of harassment and discrimination. For example, that an NDA may be valid if requested by the worker and, prior to entering into the agreement, the worker has received independent advice on the agreement;
- the individuals or bodies who workers covered by an excepted agreement can speak to about the harassment and discrimination, irrespective of what their NDA says (‘permitted disclosure’). For example, a qualified lawyer and medical professional; and
- expanding the types of individuals the legislation applies to beyond the definitions of employee and worker used in the Employment Rights Act 1996. For example, this may include some types of self-employed individuals.
This consultation closes on 8 July 2026 and information can be found here
