As part of its Plan to Make Work Pay, the government is consulting on the use of non-disclosure agreements (NDAs) for workplace harassment and discrimination cases. This is the precursor of implementation for provisions in the Employment Rights Act 2025 that will restrict their use.

The Employment Rights Act 2025 (ERA 2025) introduces significant reforms to the use of confidentiality clauses in non-disclosure agreements (NDAs), particularly in relation to cases of harassment and discrimination.

These changes aim to address the misuse of NDAs and ensure transparency, fairness, and protection for employees who may have suffered misconduct in the workplace.