Clear and practical advice on the proper use of non-disclosure agreements (NDAs) or confidentiality clauses and how to avoid inappropriate use
Non-disclosure agreements (NDAs), or confidentiality clauses, can be used to ensure employees keep matters about their employment confidential. In recent years, the misuse of NDAs has come under scrutiny following revelations about their use to silence victims of sexual harassment. From April 2026 sexual harassment is added to the list of protected disclosures for whistleblowing – in this situation an NDA would be void. Further legislative change is expected to make NDAs unenforceable if they attempt to prevent workers from alleging or disclosing work-related harassment or discrimination. This resource will be updated as legislation changes.
NDAs can be useful for both employers and employees in certain circumstances, but it is vital to ensure that they are used legally and ethically. People professionals have a key role in ensuring that NDAs are not misused.
People professionals need to be aware of the serious potential misuse of NDAs and confidentiality clauses in relation to sexual harassment complaints. NDAs should never be used to cover up inappropriate behaviour and wrongdoing, or to stop claims of whistleblowing or other forms of discrimination.
People professionals have an important role to play in ensuring the ethical use of NDAs. This means influencing the organisation’s leadership, in that NDAs should never be used as a default option in bullying or harassment complaints, or to silence alleged victims. There needs to be oversight at the top of the organisation to ensure that NDAs are not used to push harassment issues under the carpet and avoid tackling unfair treatment.
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From 30 October 2026, employers will be required to take all reasonable steps to prevent sexual harassment and harassment of employees by a third party. Join this webinar to ensure you are prepared to lead your organisation’s compliance with these changes.
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