In a landmark move to end the culture of silence around workplace discrimination, the UK government has announced plans to ban the use of non-disclosure agreements that prevent employees from speaking out about mistreatment at work.
These changes, tabled as amendments to the Employment Rights Bill, would render confidentiality clauses in future settlement agreements null and void if they attempt to silence allegations of harassment, bullying, racism, misogyny, ableism, ageism, homophobia, or any other form of discrimination.
The implications are profound. For victims, it offers long-overdue recognition. For employers, it signals that the time for performative policies is over. And for society, it could spark a cultural shift long overdue: one in which wrongdoing is no longer buried but acknowledged and addressed.
A culture shift employers can’t ignore
This is not just a legal update – it’s a wake-up call.
For too long, non-disclosure agreements (NDAs) have allowed organisations to protect their reputations while avoiding accountability. Employees who spoke up about discrimination were often silenced by settlement agreements that came with a price: their voice. Many accepted such terms not because they wanted to, but because the alternative – tribunal hearings, reputational risk, legal costs, and emotional strain – was simply too much to bear.
But now, the tide is turning. If these legislative changes pass, employers will have no choice but to face up to what they are being accused of – and to take action. Not just through individual disciplinary processes, but through a full reckoning with their culture, leadership behaviours, HR practices, and values.
This is what true workplace wellbeing looks like. Not a training workshop, an app or a poster. But wellbeing as psychological safety – where people are protected from harm, listened to, believed, and empowered to speak up without fear of consequence.
Transparency = Accountability = Change
Under the new rules, the details of discrimination cases that result in settlement agreements will be more visible. Employers can no longer rely on confidentiality clauses to quietly deal with grievances behind closed doors.
That’s a fundamental power shift. Public accountability has a way of driving reform. Just as environmental, social and governance (ESG) reporting has transformed corporate approaches to sustainability, this change could force a rethink of how people are treated at work, not in theory, but in the everyday behaviours that shape the culture of an organisation.
Already, the signs of change are there. According to the CIPD, 48% of employers support the proposed ban on NDAs for discrimination cases. That’s not insignificant. Only 18% are opposed. Many businesses already see the need for a more open, values-led approach. And for the rest, this could be the push they need.
But change won’t be easy, it requires courage from leaders and an honest look at what’s really happening in their workplaces.
There are concerns – and they’re real
It would be naïve to ignore the challenges.
Removing confidentiality could mean fewer settlements are offered, forcing more cases through tribunals – a process that can be long, costly, and emotionally draining. Tribunals in both the UK and Jersey are already under pressure, with growing backlogs and limited resources.
There’s also the reality that in some situations, both parties may prefer confidentiality due to the deeply personal nature of the case. Removing this option entirely could impact the financial terms of a settlement, potentially disadvantaging the very people the legislation aims to protect.
However, none of these concerns outweigh the potential cultural benefits of transparency. For far too long, silence has enabled harm. This change tilts the balance back towards those who’ve been hurt. And gives organisations a real opportunity to learn, grow, and improve.
Jersey: Don’t wait to be told
While this announcement comes from the UK and is not yet enacted, its relevance to Jersey is clear. Many of the island’s employers are UK-based or operate across jurisdictions. Even for those that aren’t, expectations are shifting, and reputations are no longer local.
Jersey is no stranger to adopting or adapting UK employment legislation, especially where it reflects evolving norms around fairness, dignity, and inclusion. And it shouldn’t take a legal directive for businesses to do the right thing.
This is a chance for Jersey to lead, not just comply. Employers here should be asking the hard questions now:
- Are our policies protecting people or protecting the organisation?
- Are we creating a culture where people feel safe to raise concerns – and where those concerns are acted upon with integrity?
- Are we learning from our mistakes – or hiding them?
True leadership doesn’t wait for regulation. It does what’s right because it’s right.
This is workplace wellbeing
Too often, workplace wellbeing is misunderstood. It’s reduced to wellness benefits or resilience workshops. But the heart of wellbeing, real wellbeing, is feeling safe. It’s being able to bring your full self to work, knowing you won’t be harassed, excluded, or silenced.
It’s knowing that if something goes wrong, someone will listen and do something about it.
Wellbeing-driven leadership is not about ticking boxes. It’s about fostering cultures of trust, inclusion, openness, and accountability. It’s about asking: are our managers equipped to recognise bias? Are our systems designed to resolve harm – or cover it up?
This is the time to reflect on everything from HR policies to line manager training, grievance procedures to leadership behaviours. Are we enabling people to thrive – or causing harm and calling it performance?
From cover-up to courage
This isn’t just a policy shift – it’s an invitation to lead differently.
It’s time to move from cover-up to courage. From silence to integrity. From performative gestures to real, values-based leadership.
The old way, the way of sweeping things under the rug, is ending.
Let’s build workplaces where no one is silenced to protect reputations. Where people feel safe to speak up . Where wellbeing is a way of being. Where fairness and dignity are the standard, not the exception.
Jersey can lead that change.
