Make Work Pay: misuse of non-disclosure agreements (NDAs)

The government has introduced a measure through the Employment Rights Act 2025 which voids any provision in an agreement (such as a contract of employment or settlement agreement) between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination.

This consultation is seeking views on proposals regarding:

• the conditions which need to be met for a non-disclosure agreement (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

• 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 seeks responses from all stakeholders, in particular:

• individuals who may have experience of signing NDAs
• employers
• business representative organisations
• academics
• trade unions
• charities
• legal representatives