DBT - Consultation on misuse of non-disclosure agreements (NDAs)

The Department for Business and Trade (DBT) launched a consultation on misuse of non-disclosure agreements following measures introduced in the Employment Rights Act 2025, which will render void any contractual provision (including in employment contracts and settlement agreements) that prevents workers from speaking about relevant harassment or discrimination.

The consultation seeks views on:

• when NDAs may still be enforceable as an “excepted agreement” (for example, where confidentiality is requested by the worker and supported by independent advice);
• who workers can still disclose concerns to, regardless of any NDA, such as legal or medical professionals; and
• whether protections should extend beyond employees and workers to cover some self-employed individuals.

The consultation is open until 8 July 2026 and can be responded online.