Breaking the Silence: Why the UK’s NDA Ban Matters for Workplace Civility
“The Government’s decision to ban NDAs in cases of harassment and discrimination is an incredible victory for victims and campaigners. Victims of harassment and discrimination have been forced to suffer in silence for too long.”
What’s Changing: The UK NDA Ban Explained
In July 2025, the UK government announced amendments to its Employment Rights Bill which will:
Render void any NDA or confidentiality/non-disparagement clause that seeks to silence an employee from making allegations of harassment or discrimination – including how an employer responded. McAllister Olivarius+3GOV.UK+3Business Matters+3
Protect not only victims, but also witnesses who might otherwise fear legal action for speaking up. GOV.UK
Keep legitimate uses of NDAs (for commercial confidentiality, IP protection, etc) intact — the ban is specifically targeted at silencing harassment/abuse. Law Gazette+1
In short: NDAs have been heavily used to hide offensive behaviour; this reform aims to expose it instead.
Across UK workplaces, the phrase “just keep this between us” has long served as a barrier to truth, fairness and accountability. The upcoming reforms to confidentiality clauses, specifically the ban on certain Non‑Disclosure Agreements (NDAs)—signal more than a legal update. They mark a cultural turning point in how we think about respect, power and civility in the workplace.
Why This Impacts Workplace Civility
1. Silence breeds incivility
When people feel they can’t speak up — because of legal gagging clauses or power imbalances, disrespect becomes normalised. Uncivil behaviours (“micro-aggressions”, belittling comments, exclusion) thrive in silence.
By removing the legal force of NDAs that hide harassment, we open the door to transparency and accountability.
2. Power imbalances get exposed
Many workplace incivility issues stem from unchallenged power: someone higher up dismissing a colleague, ignoring concerns, or using subtle forms of exclusion. NDAs have often protected that power.
The reform forces organisations to rethink their culture: if abusiveness can’t be hidden behind a contract, the expectation shifts — move from “can we hide it?” to “how do we stop it?”
3. Psychological safety and culture shift
Civility flourishes when people feel safe to speak up. NDAs used to – quite literally – clamp down on speech. With the ban, organisations that are serious about respectful & inclusive cultures will show it by listening, investigating, and acting rather than sweeping things under the carpet.
This aligns directly with the ethos of The Civility Gap: open, respectful workplace behaviours over “quiet compliance”.
What Employers and Teams Should Do
Here are practical steps to make the most of the change, not just in compliance but in culture.
Review all existing NDAs and settlement agreements — update templates and ensure no clause restricts discussion of harassment, discrimination or employer responses.
Train managers and HR on civility + power dynamics — emphasise that civility isn’t optional, and that small uncivil acts can escalate when hidden.
Promote open reporting and safe discussion channels — show your workforce that concerns will be heard without retaliation (or gag-clause fear).
Embed civility in culture, not just policy — create a “Civility Charter” or shared behaviour standards, with consequences for persistent incivility.
Act when incivility appears — because the NDA ban shines a spotlight on behaviour, not just formal harassment. Minor acts of disrespect now need addressing, not ignoring.
The Bigger Picture: From Silence to Respect
The NDA reform is a legal event, but its true significance lies in culture. It signals that respect, honesty and openness are now non-negotiables in UK workplaces. You might say: the law is catching up with civility.
For The Civility Gap’s mission, this is a win. It means the structural levers, like legal protection for voices, are shifting. What remains is the day-to-day: how teams behave, how leaders respond, how respect is lived out.
In the words of one campaigner, this change means “victims and witnesses of harassment and discrimination should never be silenced.” GOV.UK+1 But moving from words to workplace requires more than reform, it requires every one of us choosing civility, every day.
Want to talk about how to embed civility in your organisation?
Get in touch with us at [insert contact link] and explore our workshops on “Civility, Courage & Culture Change” — because when people feel safe, heard and respected, organisations thrive.