NDAs in abuse cases: Can my employer ask me to sign an NDA if I have been abused at work?
Currently, UK employers can ask employees to sign an NDA (Non Disclosure Agreement) when a settlement is reached. However, an NDA cannot legally prevent someone from reporting a crime, such as sexual assault or harassment, to the police or relevant authorities. NDAs are often used to protect confidential business information but should not be used to silence victims of harassment, discrimination, or abuse. If an employer pressures an employee to sign an NDA to conceal workplace abuse, this could be challenged legally. Recent legal reforms and growing public scrutiny are pushing for clearer protections to prevent the misuse of NDAs in these situations.
The government is considering a ban on UK employers using non-disclosure agreements to hush up cases of sexual misconduct and harassment as part of a broader overhaul of employment rights. This significant shift follows years of campaigning by activists and several high-profile cases exposing the misuse of NDAs to silence victims and protect perpetrators.
Campaigners against the misuse of NDAs believe that the recent ban on NDAs in universities should act as a springboard for broader legal reforms. The government has confirmed the implementation of the Higher Education (Freedom of Speech) Act 2023, which includes a complete ban on the use of NDAs designed to silence victims of bullying, harassment, or sexual misconduct on campus. This ban will be enforced by the Office for Students and applies retroactively, making existing NDAs related to harassment or bullying void and unenforceable.
When the Act was first introduced under Boris Johnson’s administration, a BBC News investigation revealed that nearly a third of universities had used NDAs to resolve student complaints—amounting to more than 300 agreements, with the actual figure likely to be higher. Former Education Minister Michelle Donelan criticised this practice, stating that victims of sexual harassment were being “bought or bullied into silence” to protect university reputations and called the misuse of NDAs a “shabby practice” that must be eliminated.
While Labour’s flagship Employment Rights Bill does not currently address NDAs, Workers’ Rights Minister Justin Madders has indicated the government is prepared to amend the legislation in the coming months. Madders acknowledged the need to “look more closely at what we can do in this area,” highlighting that alternative proposals may be more workable than those previously suggested by the Liberal Democrats. Liberal Democrat MP Layla Moran had proposed an amendment to the bill to void NDAs involving harassment allegations, including sexual harassment. Although this amendment was withdrawn, there remains potential for a similar provision to be introduced at later stages of the bill.
Campaigners are urging the UK to follow legislative examples set by Ireland, Canada, and the US, where NDAs cannot prevent the disclosure of sexual harassment, discrimination, or bullying unless explicitly requested by the employee.
Elizabeth Duncan, a leading lawyer in our nationally recognised abuse team, has also criticised the misuse of NDAs in abuse cases, stating:Â
“Victims often feel they have little choice but to enter into NDAs if they want to bring closure to their claims and receive compensation. This is fundamentally wrong. It hands power back to the abuser, perpetuating the control and silence victims have already endured. We must challenge this practice to empower survivors.”
We are deeply committed to supporting survivors of abuse through expert legal representation in abuse compensation claims. Our award-winning abuse team has extensive experience of helping victims navigate complex legal processes to secure the justice and financial compensation they deserve. We understand the emotional and psychological toll that pursuing a claim can have, which is why we provide compassionate, comprehensive legal support every step of the way.
Our expertise extends to handling sensitive abuse cases with professionalism and care, ensuring that survivors feel heard, respected, and empowered throughout the legal process. We believe that survivors should never feel compelled to sign away their rights to speak out, and we fully support legal reforms that prioritise victims’ voices and well-being.
If you would like to learn more about NDAs in abuse cases or discuss your legal rights and options for pursuing compensation, please contact our dedicated abuse team for confidential and compassionate advice. We are here to help you take the first step towards justice and recovery.