The UK Government is reinforcing restrictions on the use of non-disclosure agreements (NDAs) in cases involving sexual misconduct, harassment, and other forms of abuse, with a clear message: NDAs must never be used to silence individuals who speak out about serious wrongdoing.
It is already unlawful for any agreement to prevent a person from making a protected disclosure under whistleblowing laws, including reporting criminal offences.
Nevertheless, concerns remain that NDAs are still being misused to discourage or intimidate victims from speaking openly, particularly in education and workplace settings.
Recent legislative changes aim to clarify and strengthen protections to ensure victims and whistleblowers understand their rights and are not misled by unlawful confidentiality clauses.
One of the most notable changes took effect on 1 August 2025, when section 1 of the Higher Education (Freedom of Speech) Act 2023 came into force.
This provision prohibits higher education institutions in England from entering into NDAs with students, staff, visiting speakers, or other members of the academic community in relation to complaints of sexual abuse, sexual harassment, sexual misconduct, or bullying and harassment.
The goal is to promote transparency, support complainants, and uphold accountability within universities and colleges. Institutions found in breach of this duty may face regulatory action.
This measure is part of a broader Government effort to address the misuse of NDAs more widely.
The government has introduced legislation and proposals that seek to reinforce existing legal protections and ensure NDAs are not used in ways that obscure misconduct or deter victims from speaking out.
A second key development will come into effect on 1 October 2025, under section 17 of the Victims and Prisoners Act 2024. This provision renders any clause unenforceable if it attempts to stop a victim of criminal conduct from disclosing their experience.
While it does not change the fact that such clauses are already unlawful under existing protections, the provision provides additional clarity and reassurance for victims, particularly in England and Wales.
The Government has also introduced a proposed amendment to the Employment Rights Bill, which is currently progressing through Parliament. This amendment would make any term in an agreement between an employer and employee void if it seeks to prevent disclosure of harassment or discrimination.
Exceptions will apply only to a defined category of “excepted agreements,” the details of which are still to be published.
The amendment has passed the House of Lords Report Stage, and further consultation will take place before implementation. A commencement date has not yet been confirmed.
These developments reflect growing recognition of the potential for NDAs to be misused in cases of abuse, harassment, and discrimination.
While NDAs can still serve legitimate purposes, such as protecting commercially sensitive information, they cannot and must not be used to suppress disclosures of wrongdoing, especially where criminal conduct is involved.
Organisations, including employers and educational institutions, should review their use of settlement agreements to ensure they align not only with new legislative developments but also with existing legal obligations.
A clear understanding of the limits of confidentiality is essential to creating a culture of openness, accountability, and trust.
