Non-Disclosure Agreements
From 2027, any provision in an agreement between you and a worker – including a contract of employment or settlement agreement – that prevents a worker from speaking out about relevant harassment or discrimination will be void.
This includes clauses that seek to stop a worker from speaking about:
- Harassment or discrimination itself
- How you responded to it; and
- Making an allegation of harassment or discrimination.
The protection applies where the behaviour is carried out (or alleged to have been carried out) by:
- You, as the employer
- Another worker
- A third party connected to the workplace, such as a client or customer, where the affected worker or their colleague is the victim.
Relevant harassment and discrimination includes:
- Direct and indirect harassment
- Disability discrimination, including failures to make reasonable adjustments
- Gender reassignment discrimination
- Pregnancy and maternity discrimination
- Harassment, including sexual harassment.
Some agreements will be excepted from these new rules.
The government is currently consulting on the criteria for excepted agreements, which will be set out in regulations.
These changes are likely to reduce the number of disputes resolved using settlement agreements and may lead to an increase in employment tribunal claims.
They also place greater emphasis on how harassment and discrimination issues are handled in practice, particularly at an early stage.
It will be more important than ever to ensure harassment and discrimination issues are dealt with promptly, fairly and consistently.
We can support you by:
- Delivering bespoke training for line managers on harassment, including sexual and third-party harassment
- Helping managers identify risks and respond appropriately
- Advising on contracts and settlement agreements in light of the new rules; and
- Supporting you to embed a zero-tolerance culture across your organisation.
