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

Victims & Prisoners Act - Section 17 (temporary measure brought into force)
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 PROCESS

Employment Rights Bill - NDA reform (Section 202A / formerly Clause 22A)
Latest status: Commons vote passed Amendment 22 (inserting Section 202A) - 15 Sept 2025. Bill returned to the Lords; near Royal Assent (expected late 2025).
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.
Significance: Will prevent NDAs being used to silence workers about workplace harassment and discrimination - a major reform to workplace confidentiality law.
Next steps / implementation: Government consultations on implementation regulations to begin 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. Provides Secretary of State powers to specify limited “excepted” NDAs in narrowly defined circumstances.
Significance: Extends protections for victims and witnesses beyond prescribed authorities - provides clarity that NDAs cannot be used to hide criminal conduct.
Links: Bill / amendment text (pg. 11 (15 of document)) · Government press release

LEGISLATION REFORMS IN PLACE

  • In May 2024 an amendment to The Victims and Prisoners Bill 2024 received Royal Assent and became an Act of Parliament clarifying that any confidentiality agreement is void if it precludes a victim from speaking to law enforcement; legal; regulatory or therapeutic advice services or family when it is related to criminal conduct. Although this does not solve the problem of NDAs it does give those who have signed them the ability to speak up to appropriate governing bodies and importantly to their families.
    This Bill was brought into force on October 1st 2025.
    Public facing Guidance for victims and businesses has been released.

    This amendment came about through the collaboration of CBMS with Dame Maria Miller (Con) and Lalya Moran (Lib Dem) who both tabled amendments to broaden the definition of a victim with regard to gagging orders.

  • In February 2023 English Parliament voted through an amendment to the Higher Education (Freedom of Speech) Bill, which requires Universities and their constituent colleges that are registered to receive public funding to stop using non-disclosure agreements to cover up sexual misconduct, harassment and bullying. The Bill passed all stages and received Royal assent in May 2023 making it the first law of its kind in England. Labour made some changes to the Act at the beginning of 2024 but has now reinstated the Bill with the NDA amendment holding fast. This Bill was brought into force on August 1st 2025.

This ammendment came about as in 2022 Can’t Buy My Silence created a 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. We are now continuing this mentality with our Business Pledge which seeks to broaden these protections to the rest of the economic workforce. We are calling on leading UK businesses to be at the forefront of this change with the goal of pushing the department of Business and Trade to reform the 1998 Employment Equality Act.

LEGISLATION IN PROCESS

  • October 20th 2025 – Government announces plans to end NDA gagging of victims and witnesses of crime
    The House of Commons has passed an amendment in the Victims and Courts Bill to stop NDAs being used to silence victims or witnesses of criminal conduct. The amendment will guarantee that survivors can speak about crimes to anyone, for any purpose, without fear of legal action. It builds on existing protections in the Victims and Prisoners Act 2024 and aligns with reforms in the Employment Rights Bill, marking another major step toward ending the misuse of NDAs across all sectors.

  • 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.

    Read the full progress of the Bill below

    • 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 2025theEmployment 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