Question to the Department for Business and Trade:

To ask the Secretary of State for Business and Trade, whether the Government plans to include provisions in the forthcoming regulations under Clause 22A of the Employment Rights Bill to ensure that any confidentiality agreement includes (a) a time limit and (b) an opt-out mechanism.

Clause 22A of the Employment Rights Bill will void any provision in an agreement, such as a contract of employment or settlement agreement, between a worker and their employer that prevents a worker from speaking out about relevant harassment or discrimination.

The Government intends to consult on the regulations that will set out the criteria for when an NDA can still be validly entered into in the case of relevant harassment and discrimination. The regulations are aimed at shifting the balance of power away from employers who misuse NDAs.