“We are committed to ending a culture of silence and impunity and stand with all survivors of harassment and abuse in the workplace.”
Context
The UK government has launched a consultation on plans to restrict the use of non-disclosure agreements (NDAs) in cases of workplace harassment and discrimination, as part of wider reforms under the Employment Rights Act.
Employment Rights Minister Kate Dearden set out the government’s position as it moves to curb the use of confidentiality clauses that have been criticised for preventing workers from speaking openly about misconduct. The consultation will examine how far protections should extend, including whether they should apply to agency workers, volunteers and the self-employed.
Meaning
The statement reflects a clear change in tone from the government, framing the misuse of NDAs not just as a legal issue but as a cultural one. By focusing on “silence and impunity”, Dearden is pointing to long-standing concerns that workplace misconduct has too often gone unchallenged.
The comment suggests an intention to rebalance power between employers and workers, ensuring individuals are not prevented from raising concerns or sharing their experiences of harassment.
|
Get our essential weekday HR news and updates.
|
Implications
If the proposed changes are implemented, employers will need to review how confidentiality clauses are used in settlement agreements and workplace policies. Greater transparency is likely to become a central expectation, particularly in how organisations handle complaints and investigations.
The move also signals increasing scrutiny of workplace culture. Organisations that rely on silence to manage reputational risk may find that approach harder to sustain, as expectations move towards openness, accountability and stronger protections for those who speak out.
William Furney is a Managing Editor at Black and White Trading Ltd based in Kingston upon Hull, UK. He is a prolific author and contributor at Workplace Wellbeing Professional, with over 127 published posts covering HR, employee engagement, and workplace wellbeing topics. His writing focuses on contemporary employment issues including pension schemes, employee health, financial struggles affecting workers, and broader workplace trends.

