Wednesday, 5 November 2025
Employers in England and Wales will need to revise confidentiality agreements and settlement contracts from October 1, 2025, when provisions of the Victims and Prisoners Act 2024 come into force. The new rules mean non-disclosure agreements (NDAs) cannot prevent victims of crime, or those who reasonably believe they are victims, from speaking to law enforcement, regulators, lawyers, professional advisers, victim support services, or close family members.
The Ministry of Justice has issued guidance confirming that NDAs signed before October remain subject to existing law. Disclosures made primarily to release information into the public domain will still fall outside the new protections.
The National changes come as part of a broader tightening of rules around NDAs. In July, the government introduced an amendment to the Employment Rights Bill that would ban confidentiality clauses covering allegations of discrimination or harassment. Although no date has been set, the ban would prevent employers from using NDAs to conceal workplace misconduct.
Legal experts say the October reforms will require only limited drafting adjustments, since current NDAs already include carve-outs for whistleblowing and criminal reporting. However, they warn employers to ensure templates reflect the new list of permitted disclosures. Solicitors regulated by the Solicitors Regulation Authority (SRA) are reminded that including unenforceable clauses for deterrent purposes breaches professional standards.
If the wider ban on NDAs in harassment and discrimination cases is implemented, employers may face more tribunal litigation and greater public scrutiny of internal investigations. Analysts suggest businesses will need to strengthen reporting systems and ensure transparent handling of workplace complaints as part of a broader cultural shift toward prevention.
Source: CMS
