The change will be introduced through an amendment to the Employment Rights Bill.
However, Nikola Southern, partner at Kingsley Napley, warned the ban could have ‘unintended consequences’ by deterring victims from raising complaints and employers from settling claims.
‘Many victims of harassment and discrimination (including of sexual harassment) rely on NDAs to protect their own interests and identity as confidentiality can—and often does—work both ways in settlement agreements,’ Southern said.
‘Victims will have less control over what information about them and their experience makes it into the public domain.’ She said employers might be more inclined to defend the claim to protect their reputation as they may feel the information is likely to come out.
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