M
Member
Speaking in the House of Lords on 19 May 2025
Debate
Employment Rights BillContribution
It is important to note that there are already important legal limits and safeguards to the use of NDAs in the employment context. For example, an NDA which seeks to stop a worker from blowing the whistle by making a protected disclosure on alleged misconduct in the workplace is not enforceable. NDAs also cannot be used to pervert the course of justice or conceal a criminal offence. There are already requirements in place regarding the need for independent advice in settlement agreements relating to sexual harassment and other breaches of the Equality Act 2010. An agreement under the Employment Rights Act 1996 which seeks to prevent a person bringing proceedings under the Act is also void if the worker did not receive advice from a relevant independent adviser on the terms and effect of the agreement. This independent advice must be provided by specified advisers, including qualified lawyers, among others.
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