Labour considering ban on use of NDAs

That’s right PoliticsNerd. I have signed NDAs. Though I would never dream of taking one employer’s business secrets to another, unfortunately the same cannot be said of everyone. How is a prospective employer to know who they can trust with confidential information when hiring someone? I would suggest those who say they would never sign an NDA are unlikely to have worked in a position where one was required.

"I would never sign one" keepingquiet

I think that, until we have walked in the shoes of those who have, we cannot know what we would do.

In my business we have to use NDA’s.
Our clients could not operate without them.

maddyone

Maremia

They are also used to silence whistleblowers.

This.

You sign up to protect confidential information - and then find out, for example, your company is causing serious pollution, or a very senior person, maybe your own boss, is committing financial fraud. Must be so scary.

I have to admit I hadn't thought about the use of NDAs in business (thank you, Barleyfields). I think this is due to my limited experience in this area. I am used to people being vetted before they are employed and regularly thereafter. However, this obviously doesn't always apply to the business world.

With a quick bit of research, I learned that the purposes of NDAs in business include protecting sensitive information, encouraging sharing, and preventing competitive advantage when employees change companies.

Wyllow's linked article mentions it's the misuse of NDAs that they are considering, and I get the impression that this has grown. None of us know how strong we would or could be when it comes to defending our principles. From what I know so far, I’m glad to see they are following this up, particularly concerning whistle-blowing, and workplace bullying and harassment.

One thing I would like to see is an investigation into how many times NDAs have been used in businesses and organisations—perhaps each year for the last ten years, and whether they were used at the beginning or end of a contract.

Maremia

They are also used to silence whistleblowers.

This.

Barleyfields

She posted while I was typing.

Aaah. Apologies

She posted while I was typing.

Nobody is asking for a 'blanket ban' on NDAs, Barleyfields.

Have you read the article Wyllow linked us to?

I believe a blanket ban on NDAs would be damaging to our economy. It would certainly not aid growth. There is a good case for protecting sensitive commercial information, and if that protection becomes unavailable in the UK I foresee losses of those businesses who legitimately need employees with access to sensitive information to sign a NDA.

As far as I can tell, it doesnt related to banning all NDA's at all but to stop them being used

" We are aware of concerns about the misuse of NDAs to intimidate and silence victims of crime, or other types of misconduct such as harassment, discrimination, and bullying, and are taking a fresh look at these issues to identify the right approach.”

Campaigners are pushing for the UK to follow legislative changes already made in Ireland, Canada and the US, where NDAs cannot prohibit disclosure of sexual harassment, discrimination or bullying without it being the expressed wish of the employee"

www.theguardian.com/law/2025/jan/17/labour-ban-ndas-sexual-misconduct-employers-gagging-clauses-work

Examples given in the article.

I would never sign one, not for work business or pleasure.

We have our privacy invaded enough on-line, why would people think their sensitive information is so well protected even with NDAs?

We need more transparency, not less.

I don’t have an objection to NDA’s to protect commercial and business information. However, they should not be allowed as a way to coverup wrong doing.

They are also used to silence whistleblowers.

NDAs have a very useful commercial purpose, protecting sensitive business information, and also a very useful private purpose to prevent ex-staff selling information about their employers’ private lives to the press.

The extent to which this government is interfering in business and in employment law disturbs me. If you don’t want to sign a NDA, don’t take the job.