Non-disclosure agreements (NDAs) and confidentiality clauses have long been standard tools for protecting sensitive information in employment relationships. However, concerns around their misuse—particularly in silencing victims of criminal behaviour, discrimination, or harassment—have prompted legislative reform.

In 2024, the UK government introduced significant proposals to limit the use of NDAs in certain contexts. These changes are set to take effect through two key legislative developments:

  • Section 17 of the Victims and Prisoners Act 2024
  • Proposed provisions within the upcoming Employment Rights Bill (ERB)

This blog outlines the background to these changes, explains what they mean in practice, and offers guidance for employers on how to respond.

Why Are These Changes Happening?

There has been growing public and political concern over the misuse of NDAs—particularly in cases where individuals have been discouraged or even legally prevented from reporting crimes, harassment, or discrimination. While current legal protections already prohibit NDAs from preventing criminal disclosures or whistleblowing, these protections have primarily relied on common law or statutory interpretation.

The new legislation seeks to codify and expand these protections, offering greater clarity and security to victims, while ensuring that NDAs are not used to undermine access to justice or support services.

1. Section 17 of the Victims and Prisoners Act 2024

From 1 October 2025, any NDA or confidentiality clause that attempts to prevent a victim of crime from disclosing certain information will be legally unenforceable—but only to the extent it conflicts with the new rules.

What’s Changing?

NDAs signed on or after 1 October 2025 cannot prevent victims of crime from disclosing relevant information to:

  • The police or any law enforcement body;
  • Lawyers for the purpose of seeking legal advice;
  • Regulated professionals (e.g., healthcare professionals) for support;
  • Victim support services;
  • Regulators, where relevant;
  • A person authorised to receive information on behalf of the above; and
  • A child, parent, or partner, for emotional support.

These changes clarify and expand existing legal protections, making them explicit in statute.

Section 17 only applies to NDAs or confidentiality clauses signed on or after 1 October 2025.  As such, any agreements signed before this date are subject to the previous rules and may still be enforceable in certain situations.

Who Is Considered a “Victim of Crime”?

A person qualifies as a victim if they have suffered any type of harm as a result of:

  • Being subjected to criminal conduct, or
  • Witnessing such conduct.

Notably:

  • There is no need for a police report, charge, or conviction.
  • The individual only needs to reasonably believe that they are a victim.

What Disclosures Are Not Protected?

Section 17 does not allow disclosures made primarily for public release, such as:

  • Speaking to a lawyer to act as a public spokesperson;
  • Disclosures made to media outlets or unrelated third parties;
  • Disclosures not made for the specific purposes outlined in the Act.

If someone publicly discloses information not covered by these rules, they may still be protected under whistleblowing legislation, but only if the disclosure meets the statutory criteria for a protected disclosure.

Key Employer Takeaway

Employers must revise NDA templates and settlement agreements to ensure they do not attempt to prevent the types of disclosures now protected under section 17. In particular:

  • Be explicit about the limits of confidentiality clauses.
  • Avoid drafting overly broad NDAs that could later be rendered unenforceable.

2. Proposed Changes Under the Employment Rights Bill

Further reforms are anticipated under the Employment Rights Bill (ERB), which will go even further in limiting the use of NDAs in the workplace.

What Will Be Covered?

Under the ERB, any agreement between an employer and a worker (including settlement agreements) will be void to the extent that it attempts to prevent a worker from making:

  • Allegations or disclosures about discrimination or harassment (as defined by the Equality Act 2010);
  • Disclosures about how the employer responded to such allegations.

This includes discrimination or harassment based on any protected characteristic, not just sex or gender.

Scope of the Protection

These provisions would apply regardless of whether the conduct was:

  • Perpetrated by the employer or another employee;
  • Directed at the complainant or witnessed by them as a colleague.

The legislation also removes the requirement for disclosures to qualify as “protected disclosures” under whistleblowing law. In other words, employees could share information even if it does not meet the whistleblowing threshold.

Excepted Agreements

The ERB makes reference to “excepted agreements”, which may be permitted under secondary legislation. However, it is currently unclear what these exceptions will include.

Advice to Employers

Given the breadth and significance of these changes, employers must take proactive steps to remain compliant:

✅ Review and Update NDA Templates

  • Ensure all new NDAs, particularly in settlement agreements, are compliant with Section 17.
  • Clearly carve out permitted disclosures to avoid later unenforceability.

✅ Revisit Confidentiality Clauses in Settlement Agreements

  • Remove or revise any clauses that attempt to prevent employees from reporting or discussing discrimination, harassment, or criminal conduct.
  • Include wording that reflects the specific purposes and limitations of the legislation.

✅ Train HR and Legal Teams

  • Make sure HR professionals, legal advisers, and senior managers are aware of the new statutory limitations.
  • Develop internal guidance for handling NDAs involving sensitive allegations.

✅ Audit Past Agreements (Where Appropriate)

  • Consider whether previously agreed NDAs could come under scrutiny if future claims arise.
  • While the new laws apply prospectively, reputational and legal risks still exist.

✅ Keep an Eye on Secondary Legislation

  • Stay informed about the implementation of “excepted agreements” under the ERB.
  • Monitor government guidance, such as updates via GOV.UK and legal bulletins.

Final Thoughts

These reforms mark a clear shift in the legal landscape surrounding workplace NDAs. While confidentiality still has an important role to play, employers can no longer rely on blanket clauses to prevent disclosures of serious wrongdoing. By preparing now, employers can safeguard themselves against legal risk, maintain employee trust, and align with evolving expectations around transparency and accountability.

If you’d like help auditing your current NDA templates or training your HR teams, please contact your usual Norton Rose Fulbright contact.