The restriction of NDAs
Friday, 20 March 2026 20:54It's been rather lost among all the other things going on recently, but the UK government has been making it progressively harder for criminal misbehaviour to be covered up by non-disclosure agreements (NDAs) over the last couple of years. As things stand, we have:
- The Victims and Prisoners Act 2024. This is now in full operation and Section 17 expands the protection for victims who speak about being subjected to criminal mistreatment. Now, they can talk to not only the police but lawyers, support services, close relatives (child, parent or partner) and several other categories. Any clause in an NDA which prohibits these things is automatically void.
- The Employment Rights Act 2025. This is being phased into force. On 6 April, sexual harassment becomes an explicit "protected disclosure" under the existing Public Interest Disclosure Act 1998, instead of having to rely on vaguer "health and safety" protections. As the new law creates a statutory right, it cannot be overridden by NDA provisions.
- The Employment Rights Act 2025. Yes, again. At a later date, currently predicted to be late this year, the existing Employment Rights Act 1996 will be updated to explicitly protects "relevant harassment or discrimination" under the Equalities Act 2020, so race, disability and age are in there too. As with the Victims and Prisoners Act provision, an NDA (or other contract) which tries to prevent this will be automatically void.
- The Victims and Courts Bill is currently nearing the end of its passage through Parliament, and is expected to enter into force late this year. This will expand the protections in the Victims and Prisoners Act, and will allow any victim of crime to report it to anyone. Most obviously, this will mean an NDA that prevents a victim speaking to the media about the crime will be automatically void.
The laws are not retroactive, so they only apply to NDAs signed from the date the appropriate laws enter into force. However, the Solicitors Regulation Authority takes a very dim view of its members threatening someone if the disclosure is about a crime. The classic "public interest" defence also applies. In short, however much you may believe your 2022 NDA prevents a disclosure, you're going to have trouble finding a solicitor to send the cease and desist letter if there's a crime involved.
I expect there'll be issues to be ironed out and irritations people haven't thought of, since there always are. But overall, this set of laws will bring a big change. As far as I can see, a very good one.










