The UK government is considering broadening its planned prohibition on non-disclosure agreements (NDAs) that silence victims of workplace harassment, discrimination, and abuse. The proposed expansion would include agency workers and the self-employed, alongside permanent employees. This announcement came as the government launched a 12-week consultation seeking public input on whether these protections should be extended, the criteria that NDAs must satisfy to be valid, and which categories of workers should be allowed to speak openly about their experiences.
Employment Rights Minister Kate Dearden emphasized the government’s commitment to dismantling a culture of silence and impunity, affirming support for all survivors of workplace misconduct. She stated that the changes aim to ensure no individual suffers in silence and to empower workers with confidence that inappropriate behavior will be addressed effectively.
In a significant development, campaigners like Zelda Perkins, founder of the nonprofit Can’t Buy My Silence, have long opposed the misuse of NDAs. They argue these agreements perpetuate sexism and discrimination, preventing employers from addressing toxic workplace cultures. Lawmakers have highlighted that sexism and misogyny remain widespread in the UK, particularly within the financial services sector.
While NDAs can legitimately protect commercially sensitive information, critics contend they often shield serial offenders, conceal discrimination, prompt resignations, and entrench harmful workplace environments. Perkins described the consultation as a pivotal moment in the effort to end the silencing of victims, urging survivors to come forward to help shape robust and enforceable legislation. She called this an opportunity to establish world-leading protections and halt the misuse of confidentiality agreements to cover up wrongdoing.
The proposed reforms would also prevent witnesses from being coerced into agreements that restrict them from reporting abusive conduct or publicly supporting victims. Meanwhile, the government plans to consult on reforms to whistleblowing laws in the coming months, reinforcing its pledge to safeguard workers who expose misconduct. The new regulations banning the misuse of NDAs are expected to take effect in 2027.
