The Government has launched a long‑awaited consultation on proposals to restrict the use of non‑disclosure agreements (NDAs) in cases of workplace harassment and discrimination. Announced on 15 April 2026, the consultation signals a clear intention to curb practices that have allowed misconduct to remain hidden and victims to be silenced.
For years, NDAs have been routinely included in settlement agreements, often preventing individuals from speaking openly about experiences of discrimination, bullying or sexual harassment. While confidentiality clauses can serve legitimate purposes, their misuse has created a culture where wrongdoing goes unchallenged and systemic issues remain unaddressed.
The proposed reforms aim to draw a firm line between lawful confidentiality and unacceptable silence.
What is being proposed?
Under the proposals, NDAs would be prohibited from preventing individuals from disclosing information about harassment or discrimination. The aim is to ensure victims can speak about their experiences without fear of legal or financial repercussions, including to regulators, the police, medical professionals, counsellors or trusted individuals.
The consultation also explores requirements for greater transparency and clarity in settlement agreements, including ensuring individuals fully understand the rights they are giving up and those they retain. This responds to widespread concern that NDAs are often agreed at times of vulnerability, without sufficient explanation or bargaining power.
If implemented, the reforms would represent a fundamental shift in how confidentiality is used in the employment context.
Why this matters
NDAs have been repeatedly criticised for prioritising organisational reputation over accountability. High‑profile cases across multiple sectors have demonstrated how confidentiality clauses can allow patterns of abuse to persist unchecked, harming not only individuals but workplace cultures as a whole.
Ending the misuse of NDAs is about restoring balance. Employees should not have to choose between compensation and their voice, nor should organisations be able to rely on contractual silence to avoid scrutiny.
From an employer’s perspective, this also presents an opportunity. Transparent handling of complaints and an end to excessive confidentiality can help build trust, improve culture and reduce long‑term risk.
Implications for employers
If the proposals become law, employers will need to review settlement agreement templates, HR policies and investigation processes. Legal advice will remain critical to ensure confidentiality clauses are appropriately drafted and compliant with the new framework.
More broadly, employers should view this as a catalyst to strengthen internal reporting mechanisms, improve training, and proactively address workplace behaviour before disputes escalate.
A culture that discourages speaking up is increasingly out of step with legal expectations and employee values alike.
Expert reaction
Bellevue Law Senior Consultant and Barrister Georgina Calvert‑Lee has commented on the consultation and its implications for employers and employees.
Her reaction has been quoted in:
- Intelligent CXO – Reaction to consultation on new rules to stop employers using NDAs
https://www.intelligentcxo.com/2026/04/15/reaction-to-consultation-on-new-rules-to-stop-employers-using-ndas/ - Personnel Today – Consultation launched on NDA ban
https://www.personneltoday.com/hr/consulation-launched-nda-ban/ - Social Care Today – Plans to restrict NDAs in harassment cases unveiled
Plans to restrict NDAs in harassment cases unveiled – SocialCareToday - HR Review – NDA clampdown planned as government targets workplace harassment cover-ups
NDA clampdown planned as government targets workplace harassment cover-ups - The Law Society Gazette – NDAs will be invalid without legal advice, government proposes
Victims must have legal advice or NDA is invalid, proposes government in consultation on workplace rights | Law Gazette
Her commentary highlights the importance of ensuring reforms are clear, workable and genuinely protect individuals from being silenced, while still allowing for appropriate confidentiality where it is justified.
A shift in the direction of travel
This consultation reflects a wider trend toward transparency and accountability in employment law. It echoes growing public and regulatory intolerance for practices that suppress legitimate disclosure of wrongdoing.
The consultation is open to employers, employees, advisers and the wider public. Its outcome has the potential to reshape how workplace disputes are resolved and how organisations demonstrate their commitment to safe, fair and inclusive workplaces.
Now is the time for businesses to engage with the process and to reflect honestly on whether silence has ever been used where accountability would have been the better answer.