Letter responding to the Government’s consultation on the mis-use of NDAs

I have written to the Secretary of State for Business and Trade, Peter Kyle, and the Minister for Employment Rights and Consumer Protection in response to their consultation on the mis-use of non-disclosure agreements (NDAs) covered in section 202A of the Employment Rights Act 2025.

You can read the letter in full here:

The full text of the letter reads:

20th May 2026

Rt Hon Peter Kyle MP

Secretary of State for Business and Trade

Kate Dearden MP

Minister for Employment Rights and Consumer Protection

BY EMAIL

Dear Peter and Kate,

Re: Consultation on the mis-use of non-disclosure agreements (NDAs)

We are writing as Green Party MPs in response to the Government’s consultation on the

implementation of Section 202A of the Employment Rights Act 2025.

We welcome the intent behind your consultation and the clear recognition that Non-Disclosure

Agreements (NDAs) have too often been used to silence workers who have experienced harassment,

discrimination and abuse. We also pay tribute to the survivors and campaigners whose work has

brought these issues into focus and driven the need for change.

The consultation rightly acknowledges that an imbalance of power in the workplace has too often

created “a culture of silence and impunity”, including in cases linked to violence against women and

girls (VAWG). This has allowed serious wrongdoing to be concealed and has too often prevented

survivors from speaking out or accessing support. The test of these regulations is whether they are

strong enough to prevent that culture from simply re-emerging in different forms, rather than being

meaningfully dismantled.

For these reforms to have real effect, the Government must listen to survivors and campaigners, who

are clear that confidentiality provisions should only arise where they are actively requested by the

worker themselves, following independent legal advice funded by the employer. They also

emphasise that workers must have the time, clarity and support needed to make informed decisions

free from pressure or coercion. That means clear and accessible drafting, meaningful cooling-off

periods, strong protections for permitted disclosures, and the ability to revisit or withdraw

confidentiality provisions.

It is also essential that the scope of Section 202A reflects the realities of today’s workforce. With

millions of people in freelance, agency and other flexible forms of work, protections must apply

consistently across all working arrangements.

We would welcome further detail on how these safeguards will be made genuinely effective in

practice and urge the Government to listen carefully to the responses of survivors and campaigners

throughout this consultation process. Those with direct experience of the misuse of NDAs must

remain central to shaping reforms.At its heart, this is about ending the systems that silence people and replacing them with ones

that allow everyone to come forward safely to be heard and supported. Protecting the rights, safety and

autonomy of workers is essential for a fair economy and for ending VAWG.

Yours sincerely,

Carla Denyer MP

Siân Berry MP

Dr Ellie Chowns MP

Adrian Ramsay MP

Hannah Spencer MP