As of the 1st October 2025, any non-disclosure agreements (NDAs) that seek to prevent signatories reporting criminal behaviour such as sexual assault or other forms of reportable inappropriate conduct, are now deemed void and not enforceable.
Employers should review their NDAs to ensure that they do not contain any clauses that try to prevent employees from making permitted disclosures because they won’t be enforceable. This change will only affect NDAs signed on or after 1st October 2025. Agreements signed before that date will continue to be governed by the existing rules, including protections under whistleblowing legislation. If you would like any assistance with reviewing NDAs, please contact us and we can put you in touch with our employment lawyer partners.