NDAs that silence harassment claims become void

Contract terms — including in settlement agreements — that stop a worker making allegations or disclosures about harassment or discrimination, or about how the employer responded, will be void, subject to exceptions set in regulations.

We found no commencement regulations for this change on legislation.gov.uk as of 25 October 2026. The date comes from the government roadmap and may move; details depend on regulations and consultation responses.

Who it affects

Employers who use settlement agreements or confidentiality clauses.

What changes

• Confidentiality clauses on harassment and discrimination void, with regulated exceptions.

What to do

1. Review settlement agreement and contract templates for broad confidentiality wording.

Documents to review by 4 August 2027

• Employment contracts / written statements : Sick pay clause reflects day-one SSP; Probation clause: length, review, extension; References to “two years” for dismissal rights; Variation and flexibility clauses (fire and rehire); Confidentiality wording on harassment.
• Settlement agreement templates (only if you use settlement agreements): Confidentiality wording does not gag harassment or discrimination disclosures.

Tick these off and export the dates to your calendar in the business plan tab.

Sources

1. Employment Rights Act 2025, section 24 — Contractual duties of confidentiality relating to harassment and discrimination
2. GOV.UK — Plan to Make Work Pay and Employment Rights Act: timeline update (updated 22 October 2026)

A summary for employers, not legal advice. Where a change depends on regulations not yet made, details may differ from this page.