Overview:
The Employment Rights Bill is a major piece of legislation introduced in the UK Parliament that seeks to reform the nation's employment laws to better protect workers across industries. Among its many provisions, the bill directly addresses the misuse of Non-Disclosure Agreements (NDAs), aiming to prevent their use as tools to silence victims of workplace harassment, discrimination, and abuse.

 

Key Provisions:

• Unfair Dismissal:
  Grants employees the right to claim unfair dismissal from their first day of employment, removing the current two-year qualifying period.

• Flexible Working:
  Establishes flexible working as the default, requiring employers to accommodate such arrangements unless there is a valid business reason not to.

• Statutory Sick Pay (SSP):
  Extends sick pay to all workers, including those on low incomes, and removes the waiting period so that SSP begins on the first day of illness.

• Family Leave:
  Improves maternity and paternity leave and introduces new rights such as paid carers' leave.

• Harassment Protections:
  Imposes a legal duty on employers to prevent workplace harassment, including by third parties such as customers or clients.

• Trade Union Rights:
  Strengthens protections for workers involved in lawful industrial action and simplifies the process of union recognition.

 

Ending the Misuse of NDAs:
A proposed amendment within the Employment Rights Bill would prohibit the use of NDAs to conceal instances of harassment, discrimination, or abuse unless the survivor expressly requests it. The amendment has received widespread support across party lines and was shaped by survivor-led advocacy efforts, including campaigns like Can’t Buy My Silence.

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This provision seeks to ensure that NDAs cannot be used to prevent individuals from speaking out or reporting wrongdoing to the police, health professionals, or legal advisors. It also addresses the broader misuse of NDAs to suppress transparency and accountability across sectors, including in charities and trade unions.

 

Legislative Progress:

• Introduced in the House of Commons: October 10, 2024

• Committee Stage Completed: January 16, 2025 (149 government amendments passed, including survivor-informed revisions to NDA provisions)

• Third Reading in the Commons: March 12, 2025 (passed with cross-party support)

• Introduced to the House of Lords: March 14, 2025

• Second Reading in the Lords: March 27, 2025

• Report Stage and Third Reading in the Lords: Completed June 13, 2025

• Returned to Commons for Final Approval: June 26, 2025

• Royal Assent Granted: July 3, 2025

 

As of July 2025, the Employment Rights Act 2025 is now law. The NDA provisions within the Act take effect in October 2025, giving organizations time to review and revise existing employment practices and confidentiality agreements.

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Conclusion:

The passage of the Employment Rights Act 2025 marks a pivotal moment for worker protection and survivor justice in the United Kingdom. By banning the use of NDAs to silence victims of harassment, discrimination, or abuse—unless explicitly requested by the survivor—this legislation reclaims space for truth, accountability, and healing.

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It sends a clear message: no employer, institution, or organization has the right to hide misconduct behind legal threats or silence. The NDA provision, shaped by survivor-led campaigns like Can’t Buy My Silence, reflects a growing global demand to end secrecy culture and put people before reputations. The UK’s leadership in this area sets an international precedent—and lays the foundation for a future in which silence is no longer the cost of survival.