An amendment to the Employment Rights Bill (ERB) means that any confidentiality clauses that seek to stop a worker from alleging harassment or discrimination will be unenforceable.
What’s changing?
Any confidentiality clauses in agreements between an employer and a worker (such as a settlement agreement or non-disclosure agreement) will be unenforceable if they attempt to prevent the worker from speaking out about harassment or discrimination. The ban will apply to both victims and witnesses, and covers both current and former workers.
The aim is to create more open, transparent workplaces where issues are addressed, not buried. Confidentiality clauses will still be allowed to protect things like intellectual property or sensitive commercial information.
Implementation date to be confirmed.
What next?
This change goes beyond legal compliance. It’s not about drafting ‘better’ confidentiality clauses, it’s about a positive and proactive cultural shift to avoid harassment or discrimination arising in the first place. Here are a few thoughts…
Promote your policies – bullying, harassment, and inclusion policies must be current, communicated, and enforced. Tribunals call out “paper commitments” that aren’t followed through. Make sure policies explain how to raise concerns and what happens next. Need a review? We can help.
Train and empower your people – equip managers and employees to spot, report, and address inappropriate behaviour early. That includes ensuring employees know it’s safe to say, “That’s not OK,” and that you’ll have their back when they do. Our anti-harassment suite of eLearning is a great place to start. Book a demo.
Zero-tolerance – set a clear, consistent stance on harassment and discrimination. Inaction can lead to a culture of acceptance. Policies and training are essential, but so is empowering managers to take firm, consistent action.
Top-down – respectful and inclusive workplaces don’t happen by accident. Leading with transparency and accountability ensures employees know they’ll be heard, not hushed.
Our eLearning provides a scalable solution for upskilling your people and reinforcing your diversity and inclusivity expectations – book a demo now.
Need help keeping your People Team on top of all the ERB changes? Our annual People Team Training could be the solution – find out more.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
