The UK government is pushing ahead with plans to render non-disclosure agreements (NDAs) unenforceable when used to silence workplace  whistleblowers or victims of harassment, discrimination or other wrongdoing.

An amendment to the Employment Rights Bill, which is expected to become law later in 2025, will void any confidentiality agreements seeking to prevent workers from speaking out about allegations of harassment or discrimination.

Deputy Prime Minister Angela Rayner has commented, saying it was "time we stamped this practice out".

Current NDA practices can restrict workers from reporting these matters to legal authorities, regulators or even their own legal counsel. The government’s proposal would leave such restrictions void, allowing individuals to seek support or raise concerns without fear of legal repercussions.

The legislation aims to empower employees who have experienced or witnessed serious issues at work, such as bullying, sexual harassment, racial discrimination or breaches in health and safety. 

The use of NDAs to cover up criminality has been in the news ever since Zelda Perkins, a former assistant to Harvey Weinstein, the Hollywood mogul and now convicted sex offender, broke her agreement to accuse him of abuse. She began campaigning for a change in the law more than seven years ago when she spoke out against Weinstein.

She now runs the campaign group Can't Buy My Silence UK and has described the amendment as "a huge milestone'' and that it showed the government had ''listened and understood the abuse of power taking place".

The change in the law would bring the UK in line with Ireland, the US and some provinces in Canada, which have banned such agreements from being used to prevent the disclosure of sexual harassment and discrimination.

This reform follows mounting criticism of how NDAs have been used in high-profile cases to suppress allegations of workplace abuse. By making these clauses unenforceable, the government aims to foster a culture of transparency and accountability in UK workplaces.

While welcomed by employee rights groups, the success of the legislation may hinge on how effectively it distinguishes between legitimate confidentiality needs and those that cross the line into silencing staff.