UNITED KINGDOM
Legislation passed
The Victims and Prisoners Bill 2024 clarified that any confidentiality agreement is void if it precludes a victim from speaking to police, a lawyer, or obtaining regulatory or therapeutic advice services, or family when it is related to criminal conduct. Commencement Regulations have been signed to bring this Bill into force on October 1st 2025.
The Higher Education (Freedom of Speech) Bill requires Universities and their constituent colleges that receive public funding must stop using non-disclosure agreements to cover up sexual misconduct, harassment and bullying. The Bill passed all stages and received Royal assent in May 2023 This came into force on August 1st 2025.
Legislation in process
July 7th 2025 – Government Tables Landmark NDA Amendment in The Lords at Report Stage
The Government officially tabled its own amendment (Clause 22A p.19) to the Employment Rights Bill, committing to void NDAs used to silence victims and witnesses of workplace harassment and discrimination. Its intention is to provide more robust confidentiality regulations, i.e. that any confidentiality must be at the request of the victim, with mandatory legal advice, plain language, time limits or opt-out options, and guaranteed “safe” individuals victims can always speak to. “Excepted” NDAs are left to regulations by the Secretary of State
July 14th 2025 - Clause 22A Passed through the Lords with full cross party support.
September 15th 2025 - Clause 22A Passed through the Commons with full cross party support
The Bill returns finally to the Lords on October 28th. Royal assent is hoped for by the end of the year. Consultations into implementation regulations on clause 22A will be running alongside this process