Restrictions on non-disclosure agreements: government consultation provides some clarity

21 April 2026

Amendments being introduced by the Employment Rights Act 2025 (ERA '25) will restrict the use of non-disclosure provisions (NDAs) that prevent a worker from disclosing relevant harassment or discrimination, unless the agreement meets specific conditions for an “excepted agreement” that will be set out in regulations. The Government has commenced a Consultation that explores, amongst other things, the proposed criteria of an excepted agreement and who disclosures may be made to even where an excepted agreement is in place.

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