NUJ urges NDA reforms to shift balance of power in favour of workers

The NUJ has responded to the UK government’s consultation on the misuse of non-disclosure agreements (NDAs) by employers.

The Employment Rights Act 2025 introduced a measure that voids any employer contract or settlement agreement that prevents a worker from speaking about relevant harassment or discrimination.

However, the legislation gives the business secretary the ability to introduce an exemption to this measure, known as ‘excepted agreements’.

The government consultation, which opened in April and closed on 8 July, sought views on what such 'excepted agreements' could cover.

In its response, the NUJ condemned the misuse of NDAs, often referred to as ‘gagging clauses’, especially when used by media employers and institutions to cover up misconduct, harassment, or discrimination. The union added that NDAs should never be used to prevent whistleblowing, reporting crimes, or disclosing matters that are clearly in the public interest.

In relation to excepted agreements, the NUJ aligned with the Trades Union Congress’ (TUC) position: confidentiality clauses in settlement agreements must only be used in an appropriate, clear, and ethical manner. Employers should also be legally required to fund independent advice for workers, as is already the case in Ireland, and there should be a sufficient cooling-off period to give workers time to reflect.

The union’s response said that a worker should always be able to make disclosures to specific bodies and individuals listed in the proposals, including qualified lawyers and medical professionals. This list should be expanded to include, for example, mental health and trauma specialists, and community or religious leaders who may form part of a worker’s support network. Similarly, individuals with excepted agreements should be able to disclose to their close circle, including their family, partner, and friends.

On the question of whether an employer should be able to suggest confidentiality clauses to their workers, the NUJ answered ‘no’. The union’s submission states: “Agreements are largely drafted by the employer, and for the most part, for the benefit of the employer. Continuing to have the employer make the decision on the inclusion of confidentiality does little to shift the imbalance of power or the regular inclusion of NDAs within Agreements.”

Read the NUJ’s full response.

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