UNITED KINGDOM 🇬🇧

TIMELINE OF UK PROGRESS

UK LEGISLATIVE REFORMS SUMMARY

REFORMS IN PLACE

✅ Higher Education (Freedom of Speech) Act - England
Law Passed: Amendment to Higher Education Act (Royal Assent May 2023; came into force Aug 1, 2025).
Scope: Prohibits English universities that receive public funding from using NDAs to cover up sexual misconduct, harassment or bullying (applies to staff, students and visiting speakers).
Significance: First UK statutory restriction on NDAs in higher education - changed institutional practice and followed the CBMS university pledge campaign.
Links: Bill Text (Part A1 (11)) · Guidance for Students


This amendment came about due to the 2022 Can’t Buy My Silence voluntary pledge for universities to stop misusing NDAs. This was partnered and endorsed by then Education Minister Michelle Donelan and the Department for Education. 67% of key institutions signed up and within 18 months this changed the landscape and passed into legislative reform.


✅ Victims & Prisoners Act - Section 17
Law Passed: Victims & Prisoners Act 2024 (Section 17; commenced 1 Oct 2025).
Scope: Clarifies that confidentiality agreements cannot prevent victims from reporting crimes to police, seeking legal advice, speaking to close family, or accessing victim support services in relation to criminal conduct.
Significance: Immediate, practical protection for victims who had been gagged by NDAs; a stop-gap measure while a stronger amendment is taken forward in the Victims & Courts Bill.
Links: Section 17 Text · Government guidance for victims


LEGISLATION IN PROGRESS

⏳ Employment Rights Bill - NDA reform (Section 202A / formerly Clause 22A)
Latest status: Bill received Royal Assent on December 18th 2025, including Amendment 22 (inserting Section 202A).
Scope: Declares any contract term void if it attempts to stop a worker from making disclosures or allegations about harassment or discrimination that they have experienced or witnessed, or about how their employer responded. Extends protections beyond formal employment contracts to workers in specified circumstances i.e. freelance, intern, volunteer.
Significance: Will prevent NDAs being used to silence workers about any form of workplace harassment and discrimination - a major reform to workers rights.
Next steps / implementation: Government consultations on implementation regulations to begin in early 2026 (will define what counts as an “excepted NDA” and the safeguards required). Current Government intentions include:

  • Confidentiality only at the victim’s request, never employer-initiated.

  • Independent legal advice provided and funded by the employer.

  • Plain-English drafting, time-limited clauses and a cooling-off period.

  • Clear exceptions that always allow disclosure to police, regulators, doctors, therapists, lawyers and nominated family/support persons.

Links: Bill / Amendment text (pg. 46 (54 of document)) · Government Press Release · Explainer


⏳ Victims and Courts Bill - NDA amendment (expands Section 17)
Status: Government announced and Commons accepted an amendment in October 2025. (Will replace / strengthen Section 17.) Currently in Second Reading in the House of Lords
Scope: Ensures NDAs cannot legally prevent victims or direct witnesses of crime from disclosing information about criminal conduct to anyone, for any purpose, including the media. Provides Secretary of State powers to specify limited “excepted” NDAs in narrowly defined circumstances.
Significance: Provides legislative clarity that NDAs cannot be used to hide criminal conduct, and victims and witnesses are free to speak to anyone.
Links: Bill / amendment text (pg. 11 (15 of document)) · Government press release

Read the full progress of the Employment Rights Bill below…

    • December 18th 2025 - The Employment Rights Act receives Royal Assent, enshrining the Bill into law
      Public consultations set to begin in early 2026.

    • December 16th 2025 - House of Lords agrees on all considerations from House of Commons
      During the last round of “ping pong” in the House of Lords, the remaining amendment blocking the Bill was withdrawn, clearing the way for Royal Assent.

    • September 15th, 2025 - Commons vote passes Amendment 22 to the Employment Rights Bill
      MPs voted in favour of Amendment 22, which inserts new Section 202A into the Employment Rights Bill. This makes any contract term void insofar as it tries to stop a worker from making a disclosure or allegation about harassment or discrimination they have experienced or witnessed, or about how their employer responds to it. The Bill now returns to the Lords for final consideration before Royal Assent.
      The Government is about to begin its consultations into implementation regulations on Clause 202A, that will be starting in January 2026, which will define, amongst other things, what an ‘excepted’ NDA will be. Currently, the Government’s intentions for an ‘excepted’ NDA are:

      • An NDA cannot be suggested or requested by an employer.

      • The injured party must have access to independent legal advice, and the contract must be written in plain language.

      • Any NDA entered into at the request of the victim must have a time limit, and a cool off period.

      • No NDA can ever stop people from speaking to police, regulators, doctors, social support, and nominated family members.

    • July 14th 2025 - Clause 22A Passed through the Lords with full cross party support.
      The ER Bill will now return to the Commons in September after recess with the aim of passing and receiving Royal Assent before the end of the year. Consultations into implementation regulations on clause 22A will be running alongside this process with commencement hoped for in 2026.

    • July 7th 2025 – Government Tables Landmark NDA Amendment in The Lords at Report Stage
      The Government officially tabled its own amendment (Clause 22A p.19) to the Employment Rights Bill, committing to void NDAs used to silence victims and witnesses of workplace harassment and discrimination. The clauses proposals goes further than previous positions by extending protections to include those without formal employment contracts. Its intention is to provide more robust confidentiality regulations, i.e. that any confidentiality must be at the request of the victim, with mandatory legal advice, plain language, time limits or opt-out options, and guaranteed “safe” individuals victims can always speak to.

    • May 19th 2025 - Committee Stage of the Employment Rights Bill in the House of Lords
      During this stage, multiple Peers spoke in support and 3 Amendments were tabled by Baroness Kennedy, Baroness Kramer, and Baroness Chakrabarti, There was strong cross-party support for action. The Government acknowledged the urgency of reform and pledged to address NDA misuse in this legislation.

    • March 27th 2025 – Second Reading of the Employment Rights Bill in the House of Lords
      The Employment Rights Bill had its Second Reading in the Lords, with strong cross-party support for legislative action on the misuse of NDAs. Multiple Peers spoke to the need for reform, which led to the tabling of three key amendments aimed at restricting the misuse of NDAs. The leading amendment was introduced by Baroness Helena Kennedy, and co-sponsored by Baroness Frances O’Grady, Baroness Helena Morrissey, and Baroness Susan Kramer.

    • March 2025 - the Employment Rights Bill amendment paper (page 46) at report stage in the House of Commons. Louise Haigh and Layla Morans amendment NC74 debated in parliament with full cross party support including 66 MP signatories.Watch here