Question to the Department for Business and Trade:

To ask the Secretary of State for Business and Trade, if he will bring forward legislative proposals to require that any confidentiality clause within an (a) employment and (b) settlement agreement (i) cannot be (A) requested and (B) required by an employer and (ii) may only be included at the request of the complainant.

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.