Confidentiality clauses: consultation on measures to prevent misuse in situations of workplace harassment or discrimination

Closed 29 Apr 2019

Opened 4 Mar 2019


Confidentiality clauses, also known as non-disclosure agreements or NDAs, are provisions which seek to prohibit the disclosure of information. They serve a useful and legitimate purpose in the employment context, as part of both employment contracts and settlement agreements. However, a number of cases have come to light where employers have used confidentiality clauses to prevent victims of workplace harassment or discrimination from speaking out.

The purpose of this consultation is:

  • to better understand how confidentiality clauses and the legal framework around them work in practice
  • to assess what changes are required to ensure individuals are appropriately protected from their misuse.


  • SMEs (small and medium businesses)
  • Large businesses (over 250 staff)
  • Trade bodies
  • Legal representative
  • Medium business (50 to 250 staff)
  • Micro business (up to 9 staff)
  • Small business (10 to 49 staff)
  • Trade union or staff association
  • Employment lawyers
  • Employment advisers
  • Businesses
  • Individual employees
  • HR professionals
  • HR organisations
  • General public
  • Individual
  • Charities and Third Sector organisations
  • Non-Government Organisations
  • Civil Society Organisations


  • Workplace rights