The Employment Rights Bill will introduce a ban on the use of Non-Disclosure Agreements (NDAs) that prevent individuals from speaking out about harassment and abuse in the workplace. If passed, this legislation will mark a significant shift in how organisations are expected to respond to such cases.
Changes due to be introduced as the bill returns to the House of Lords next week will effectively ban the use of NDAs in cases where they have been used to prevent employees from speaking out after experiencing workplace harassment or discrimination, including sexual harassment. These provisions will also ensure that witnesses are able to speak openly and support those affected without fear of legal repercussions. These changes signal a move away from practices that have too often compelled individuals to remain silent about the harm they have experienced.
Key Provisions of the Bill
1. Limiting the Use of NDAs
The bill seeks to restrict the use of NDAs in harassment cases, reducing the likelihood that individuals will be pressured into silence after experiencing inappropriate behaviour at work. NDAs that attempt to prevent employees from speaking about their experience of sexual harassment or discrimination will be rendered unenforceable.
2. Promoting Clarity and Transparency
The bill ensures that where NDAs are used, they must not prevent individuals from speaking about their experiences of harassment or discrimination. Any confidentiality clauses must be clearly worded and cannot override an individual’s right to seek support, report misconduct, or speak out.
3. Strengthening Protections for Employees and Witnesses
The bill makes it unlawful to use NDAs or other means to discourage employees from reporting harassment. It also protects those who witness harassment, allowing them to speak up and support colleagues without the risk of being sued for breaching confidentiality.
4. Clarifying Employer Responsibilities
Employers will be expected to demonstrate that they are taking active, preventive steps to address sexual harassment. This includes fostering a culture where such behaviour is not tolerated and ensuring appropriate support is available when concerns are raised.
Implications for Employers and Employees
If enacted, the bill will have meaningful implications for workplace culture.
For Employers
Organisations will be expected to review and update their policies, strengthen reporting mechanisms, and ensure compliance with new legal requirements. Proactive measures such as training, clear communication, and support systems will become essential not only for compliance but for building a culture of dignity and respect.
For Employees
The bill offers stronger safeguards for those affected by harassment. It removes the threat of enforced silence and promotes a workplace environment where individuals can raise concerns, and where those who witness misconduct can speak out, without fear of reprisal.
This proposed legislation signals an important cultural and legal shift—one that prioritises transparency, challenges silence, and affirms the right to work in safety and dignity.
At Raintree Works, we help organisations align with such emerging legal standards while building everyday practices that support a safer and more respectful workplace.