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ARTICLE · 10 DECEMBER 2025

Non-disclosure Agreements (NDAs) In Workplace Harassment And Discrimination Situations

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

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Confidentiality clauses, or nondisclosure agreements (NDAs), have become a topic of significant interest because of how they can be used to prevent employees from reporting...

United KingdomEmployment and HR
Tarun Tawakley
Tarun Tawakley
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Confidentiality clauses, or nondisclosure agreements (NDAs), have become a topic of significant interest because of how they can be used to prevent employees from reporting allegations of sexual harassment or other similar misconduct.

There has been increased pressure to ban such agreements following the #MeToo movement. This Inbrief explains the current legal restrictions, guidance, and best practice in relation to NDAs covering harassment or discrimination.

Current Legal Restrictions on NDAs

There are a number of current legal requirements for NDAs, and restraints on their use.

Prevention of Whistleblowing

All NDAs which try to prevent a protected disclosure are void and unenforceable. This applies in England, Wales, and Scotland.

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