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Non-disclosure agreements (NDAs) are still common in UK workplaces. Originally designed to protect confidential business information, they are now frequently used to silence workers after complaints of harassment or discrimination. As public pressure builds and the law begins to shift, it is worth asking whether these agreements are still doing more harm than good.
What is an NDA?
An NDA is a legal contract that prevents someone from sharing certain information. They are often included in:
- Settlement agreements
- Dismissal terms
- Internal complaint resolutions
The goal, in theory, is to protect private business interests. However, many employers use them to stop staff from speaking about poor treatment. These clauses often go far beyond what is reasonable, silencing workers rather than protecting company secrets.
The problem with silence
NDAs are often written in legal terms that employees do not fully understand. Some prevent the person from talking about what happened, even to friends or future employers. Others ban them from saying anything negative about the company at all.
This can leave victims of misconduct feeling isolated and unable to rebuild their careers. If you’ve faced something similar, it’s worth learning more about your rights under UK discrimination law.
Recent developments in the law
In July 2025, the UK government announced plans to ban NDAs that prevent people from speaking out about harassment and discrimination at work. As covered in The Guardian, the change forms part of a wider employment rights bill.
If passed, this would make any NDA that tries to silence workers after workplace misconduct invalid. Victims would be free to speak about their experience, and employers or witnesses could also show support without facing legal threats.
This step follows years of campaigning. It marks a major shift in how workplace rights are protected and how misconduct is addressed in the open.
What NDAs can and cannot do
Even now, an NDA cannot legally stop you from:
- Reporting a crime
- Speaking to a solicitor or regulator
- Making a protected disclosure under whistleblowing law
- Giving evidence in court
However, many employees are unaware of these rights. Some feel pressure to accept unfair terms out of fear or exhaustion. If you’ve signed an NDA and are unsure what it covers, you can contact our team for advice.
How this affects career progression
When people are silenced, the damage extends beyond the incident itself. It can stop them from giving honest references. It may limit their ability to explain why they left a role. In some cases, it can stop them from warning others about unsafe working conditions.
If this sounds familiar, you may also want to review our guidance on whistleblowing. Speaking up can protect not just your own future, but the rights of others too.
Why this matters in 2025
There is a shift happening in how NDAs are viewed. Public attitudes are changing. The law is catching up. But misuse still happens, especially in sectors with less oversight or where jobs are less secure.
A 2023 survey by the CIPD found that nearly a quarter of employers used NDAs in cases of sexual harassment. Many did not even track when or how NDAs were used, suggesting a lack of clear policy or accountability.
The government’s proposed changes aim to fix that, but they are not yet law. Until then, employees must rely on strong legal support to protect their rights.
Do you need help with NDA advice?
NDAs are not always unfair. But when used to silence people after wrongdoing, they protect the wrong side. The move to ban this misuse is an important step, but employees still need clear advice to stand their ground.
At Nationwide Employment Lawyers, we focus on helping workers challenge unfair terms and protect their long-term future. If you’ve been offered an NDA and are unsure about it, get in touch. Our team is ready to help.
Start by reading more about us, then reach out today for straightforward advice.
