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Minister for Women Suggests Government Has Not Gone Far Enough on NDAs

The UK's Minister for Women, Bridget Phillipson, has indicated that the government's efforts to address the abusive use of non-disclosure agreements (NDAs) have been insufficient.

  • Bridget Phillipson commented on NDAs in the context of allegations against David Walliams and Russell Brand's conviction.
  • Legislative changes in 2025 banned NDAs in higher education in England for complaints about sexual abuse, harassment, or bullying.
  • NDAs entered into from 1 October 2025 are unenforceable in England and Wales if they prevent victims or witnesses of crime from disclosing information to authorities.

The UK's Minister for Women, Bridget Phillipson, has suggested that the government has not gone far enough in tackling the abusive use of non-disclosure agreements (NDAs). Her comments were made in the context of allegations against David Walliams, which he denies, and the conviction of Russell Brand for rape and sexual assault. In both situations, it has been suggested that women felt silenced after signing NDAs.

NDAs are agreements designed to keep certain information confidential. The government provides guidance on their use, advising that a "good NDA restricts the use of the ideas and information to a specific permitted purpose." It is also recognised that victims of discrimination or harassment may enter into an NDA for personal reasons.

Following the #MeToo movement, the UK government enacted legislative changes. In 2025, a ban was introduced on the use of NDAs in higher education in England, preventing institutions from using them with staff, students, or speakers regarding complaints of sexual abuse, harassment, or bullying. Additionally, under section 17 of the Victims and Prisoners Act 2024, NDAs entered into from 1 October 2025 are unenforceable in England and Wales if they aim to prevent victims and direct witnesses of crime from making disclosures to the police, regulators, or support providers. The Employment Rights Act 2025 also voids any NDA in Great Britain between an employer and a worker that seeks to prevent speaking out about harassment or discrimination.

Ministers have consulted on extending the scope of the Employment Rights Act to include self-employed or agency workers. Campaigners advocate for broadening protections to include anyone in the workplace, such as interns. While signatories are free to go to the police, campaigners suggest expanding the types of people someone might approach, including unregulated mental health professionals or media members. Some US states prohibit NDAs relating to sexual misconduct and harassment entirely, not just in employer-worker contexts.

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