UK Moves to Restrict NDAs After Walliams and Brand Cases

By Grace Kim

NDAs entered into from 1 October 2025 became unenforceable under section 17 of the Victims and Prisoners Act 2024 if they blocked crime disclosures. Bridget Phillipson, the UK minister for women, said the government had not gone far enough in curbing the abusive use of such agreements.

The Guardian and ITV News investigation reported that David Walliams used his power and status to prey on young women for sex; he denied the allegations. Phillipson was also responding to Russell Brand's conviction for rape and sexual assault. Both cases prompted suggestions that women with stories to tell felt silenced after signing NDAs.

How NDAs work

An NDA (non-disclosure agreement) is an agreement between two or more parties to keep specified information confidential. It is often called a “gagging clause”.

It is not unusual for an employer to include one in an employment contract or settlement agreement to protect commercial or other sensitive business information.

Government guidance says a “good NDA restricts the use of the ideas and information to a specific permitted purpose”. The guidance also recognises that people who have experienced discrimination or harassment may choose an NDA for personal reasons. One stated concern is that a workplace bullying complainant may not want a future employer to know they filed a complaint.

The three legal changes

The government enacted these limits during the rise of #MeToo and a series of scandals in which alleged victims felt silenced by NDAs.

• Higher education: A 2025 ban prevents institutions from entering NDAs with staff, students, members or visiting speakers over complaints about sexual abuse, harassment, sexual misconduct, or other forms of harassment and bullying.
• Crime disclosures: Under section 17 of the Victims and Prisoners Act 2024, NDAs entered into from 1 October 2025 are unenforceable when they seek to block disclosures by victims or direct witnesses. The barred disclosures include reports to police, regulators, and people who provide advice or support.
• Employment: The Employment Rights Act 2025 makes void an employer-worker NDA if it seeks to prevent a worker from speaking about harassment or discrimination, or about their employer's response to allegations.

The government has consulted on whether the Employment Rights Act's protections should extend beyond standard employees to the self-employed or agency workers. Campaigners say coverage should reach everyone in the workplace, including people on internships.

Ministers have already ensured that NDA signatories are free to go to the police. Campaigners propose widening that route to mental health professionals, religious or community leaders, and members of the media.

Lessons from US restrictions

Zelda Perkins, who broke an NDA to expose the criminality of Hollywood director Harvey Weinstein, argues that the UK should learn from US examples. Some US states prohibit NDAs relating to sexual misconduct and harassment entirely, including outside employer-worker relationships. Other states bar NDAs that conceal government decision-making or involve public money. A large number also include non-disparagement clauses, which can prevent signatories from speaking negatively about another party or acting against their interests.

What would stronger protections change for workers?

For a worker facing an NDA, the practical change would be clearer disclosure rights and protection that does not depend on contractual status. The consultation asks about two groups beyond standard employees: the self-employed and agency workers. Campaigners argue that any workplace coverage should also include interns.

Perkins says employers should have a duty to tell employees that an NDA does not affect their whistleblowing rights, health and safety rights, or right to report to police. Campaigners also want exemptions to the voiding of NDAs to account for pressure on someone signing away their rights, including when a harassment victim requests an agreement. They advise making legal advice available and breaking the link between a financial settlement and an NDA.

The next test for ministers is whether the consultation produces wider coverage and clearer disclosure rights. Perkins's proposed employer notice would make those limits explicit when a worker signs, while pressure-sensitive exemptions and legal advice would address the terms under which workers agree to secrecy.