NDA Reforms Risk Leaving Workers Behind, Employment Lawyers Warn

BICESTER, U.K. - EntSun -- The soon-to-be-reformed Employment Rights Bill, which has now entered the 'ping pong' stage before receiving Royal Assent, would see employers barred from using NDAs to prevent victims of harassment or discrimination from speaking out.

The move follows years of pressure from campaigners, including Can't Buy My Silence, which has exposed how NDAs are used to silence victims and protect organisations from public scrutiny.

Solicitor Advocate Roy Magara, who represents workers in employment disputes with his firm Magara Law, has backed the proposed ban but warned that the current draft legislation risks being a partial fix to a systemic problem.

"I agree entirely that the government's proposed ban on NDAs in sexual harassment cases is a positive and necessary step. It's long overdue," he said.

"For too long, NDAs have been misused to silence victims and bury patterns of misconduct.

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"They protect institutions, not people, and they stop workplaces from learning, reforming, and rebuilding trust. That's not confidentiality - it is concealment."

Research from Can't Buy My Silence (https://www.cipd.org/globalassets/media/knowledge/knowledge-hub/reports/2024-pdfs/2024-bullying-and-harassment-report-8660.pdf) shows that around one in four UK workers who reported harassment were asked to sign an NDA, while separate analysis by the CIPD (https://www.cipd.org/uk/views-and-insights/thought-leadership/insight/NDAs-new-rules/) found 22 per cent of employers admit to using them in such cases.

Roy Magara says the overuse of NDAs has created a culture of silence that prevents workplaces from learning and improving.

He said: "There's also a real danger that poorly drafted reforms could strip victims of choice. Some want confidentiality to protect their privacy, and that autonomy must be preserved.

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"The true challenge is cultural, not just legal.

"Unless organisations are compelled to confront misconduct openly through training, accountability, and leadership example, bad behaviour will simply find new shadows to hide in," Magara added.

While Magara Law supports the government's intention to stop employees from being silenced, Roy warns that the change isn't enough to protect all workers from abuse at work.

"The proposed ban is a vital start, but it risks being only a partial solution if the scope is too narrow or the enforcement too weak," he says.

"As it stands, it may not apply retrospectively to those already silenced, nor to other forms of workplace abuse such as bullying or discrimination that fall short of sexual misconduct."

The government's proposed NDA ban, if approved, would apply to future agreements and could take effect shortly after the Bill receives Royal Assent later this year.

Campaigners and lawyers are now urging MPs and peers to expand its scope to include other forms of workplace abuse such as bullying and discrimination.