Make Work Pay: misuse of non-disclosure agreements (NDAs)

We are seeking views on proposals to prevent the misuse of non-disclosure agreements (NDAs) in cases of workplace harassment and discrimination. This is an important issue that touches on workplace safety, fairness, and the rights of employees to speak up without fear of retaliation or stigma.

Background and intent
NDAs are a common tool used in employment matters to protect confidential information and settle disputes. However, concerns have grown about their potential to silence victims, cover up misconduct, and hinder accountability. The aim of the current proposals is to strike a balance: allowing legitimate confidentiality where appropriate while ensuring that individuals are not coerced into silence about harassment or discrimination, and that organisations are transparent about the existence and scope of settlements where public interest or safety demands it.

Key considerations
– Voluntary participation and genuine consent: Any NDA should be entered into freely, with a clear understanding of its terms. The power dynamics involved in employment contexts must be acknowledged, ensuring that staff are not pressured into signing agreements through fear of retaliation, job loss, or damaged career prospects.
– Public interest and accountability: Proposals may include safeguards that allow information about serious misconduct to be disclosed in specific, limited circumstances, such as when there is ongoing danger to others, potential criminal activity, or systemic issues that require public scrutiny.
– Scope and duration: Clear limitations on what can be confidential, what must be disclosed, and for how long. This can help prevent the perpetual silencing of victims and protect both parties from ambiguous or overly broad clauses.
– Remedies and enforcement: Clarity about remedies if an NDA is breached, and robust enforcement mechanisms to deter misuse while protecting legitimate business interests.
– Support for complainants: Ensuring access to independent advice, legal support, and appropriate remedies. This includes safeguarding against retaliation and ensuring a fair process for raising concerns.
– Equitable treatment across sectors and sizes: Proposals should apply consistently to organisations of different sizes and in different industries, while allowing for necessary adaptations to reflect context.

Potential impact
– Increased safety and trust in the workplace: When employees feel able to raise concerns without fear of being silenced, it can lead to earlier intervention and better safeguarding arrangements.
– Improved reporting and accountability: Clear rules can encourage reporting of harassment and discrimination, promoting a culture of transparency.
– Balancing confidentiality with disclosure: Organisations can manage confidential settlements without hiding systemic issues that require attention.
– Legal clarity and predictability: Consistent guidelines reduce ambiguity for employers, employees, and legal advisers, helping to prevent disputes and reduce unnecessary litigation.

How to contribute your views
We welcome diverse perspectives from employees, employers, legal professionals, regulators, trade unions, and advocacy groups. When sharing views, consider:
– Personal or professional experience with NDAs in the context of harassment or discrimination.
– Views on what constitutes coercion or improper use of confidentiality.
– Preferences for safeguards, such as mandatory disclosures to regulators, public reporting requirements for certain incidents, or time-limited confidentiality periods.
– Suggestions for processes that support complainants, such as independent consultation, escalation pathways, or anonymised reporting mechanisms.
– Potential unintended consequences and how to mitigate them, for example, ensuring legitimate business confidentiality is not eroded.

Process and timeline
We aim to gather a wide range of views to inform policy development. Please provide input by the stated deadline, and specify whether you are giving consent to be quoted or anonymised in any resulting summaries or reports. Responses will be considered carefully by the policy team, and where appropriate, viable proposals may be piloted or subject to public consultation.

Closing thoughts
Protecting individuals from harassment and discrimination in the workplace is a shared responsibility. Thoughtful reforms to NDAs can help ensure that confidential settlements do not become tools for silence, while preserving legitimate confidentiality that organisations rely on for legitimate business interests. We value your perspectives on how best to achieve this balance and look forward to constructive input that advances fairness, safety, and accountability in workplaces.

If you would like to submit your views, please follow the provided channels and format guidelines. Your contribution can help shape practical, fair, and effective solutions that benefit employees and organisations alike.

May 14, 2026 at 11:00AM
Make Work Pay：滥用保密协议（NDAs）
https://www.gov.uk/government/consultations/make-work-pay-misuse-of-non-disclosure-agreements-ndas
我们正在征求意见，了解关于在工作场所骚扰和歧视案件中防止滥用保密协议的提案意见。

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