Non-disclosure agreements and victims of crime: is more change on the way?

It's been just over a month since new protections for victims of crime were introduced in relation to non-disclosure agreements. Despite that, further changes are already on the horizon which will strengthen these safeguards. In this article, we examine the current position and explore what's coming next.  

What is a non-disclosure agreement?

A non-disclosure agreement (NDA) is a contract in which one party agrees to keep specified information confidential, usually in return for payment. In employment, NDAs are often included in the contract of employment to protect information obtained during the role, and in settlement agreements once the employment relationship ends. 

Settlement agreements typically restrict disclosure of the settlement's existence, the circumstances leading to it, how much the employee is being paid to settle their actual or anticipated claims, as well as requiring the parties not to make derogatory remarks about the other. 

Over recent years concerns have grown over the misuse of NDAs in settlement agreements, with some employers allegedly using them to discourage victims of sexual harassment from reporting incidents to the authorities. This has led to greater scrutiny and legislative reforms. 

The law on NDAs 

It is well established under section 43J (1) of the Employment Rights Act 1996 that NDAs cannot prevent an individual from making a protected disclosure (whistle-blowing). A protected disclosure is when an individual discloses information to a particular person (usually their employer) which, in their reasonable belief, is made in the public interest and shows one or more of the following types of wrongdoing: criminal offence, breach of any legal obligation, miscarriage of justice, danger to the health and safety of any individual, damage to the environment, or the deliberate concealing of information about any of these. 

There are now additional safeguards in place for victims of crime. Section 17(1) of the Victims and Prisoners Act 2024 provides that NDAs, entered into after 1 October 2025, cannot stop a victim of crime, or someone who reasonably believes they are a victim, from disclosing information about the crime to certain individuals and bodies. 

Who is a victim of crime? 

A victim of crime is someone who has suffered harm as a direct result of criminal conduct, or where any of the following apply:

• The person witnessed, heard, or otherwise directly experienced the effects of the criminal conduct at the time it occurred
• The person's birth resulted directly from the crime
• The death of a close family member was the direct result of the crime
• The person is a child who is a victim of domestic abuse that constitutes criminal conduct

According to the Ministry of Justice (MoJ) guidance, ‘Victims and Prisoners Act 2024: changes to non-disclosure agreements (for businesses)’, a person can be considered a victim of crime (or reasonably believe they are a victim) regardless of whether they have disclosed the crime to anyone, reported it to the police, or whether there has been a formal investigation or conviction. 

Who does the disclosure need to be made to?

The disclosure about the crime must be to one of the following groups for the specified purpose: 

• Any person who has law enforcement functions, to perform those duties in relation to the crime e.g. police, Health and Safety Executive, Competition and Markets Authority, Environment Agency, Gambling Commission
• Qualified lawyer to seek legal advice about the crime
• Regulated professions to obtain professional support in relation to the crime e.g. paramedic, social worker, schoolteacher
• Victim support services for the purpose of obtaining support in relation to the crime
• Regulators for the purpose of co-operating with the regulator as part of its investigation. The MoJ guidance gives the following example: if the police inform the General Medical Council about a crime alleged to have been committed by a doctor, the regulator may ask the victim to provide details about the crime and cooperate with the investigator which could help the regulator decide if the professional should be removed from the medical register
• A person who is authorised to receive information on behalf of any of the above, for the purpose mentioned in that paragraph. The MoJ guidance gives the following example: a receptionist at a law firm who is authorised to receive information on behalf of qualified lawyers working at the firm, for the purpose of the victim seeking legal advice about the crime
• A child, parent or partner of the person making the disclosure to obtain support in relation to the crime

Disclosure for the primary purpose of releasing information into the public domain is not permitted. For example, the MoJ guidance states that speaking to a qualified lawyer about the crime with the intention that the lawyer acts as a spokesperson to publicise the information is not allowed. 

Future reform

On 16 October 2025, the government laid the Victims and Prisoners Act 2024 (Permitted Disclosures) Regulations 2025 before Parliament. The regulations propose to expand the list of people to whom a victim of crime, or someone who reasonably believes they are a victim, can disclose information about the crime. In addition to those already listed, you won't be able to prevent disclosure to:

• The Criminal Injuries Compensation Authority (CICA), in order to make a claim for compensation relating to the crime under the Criminal Injuries Compensation Scheme or the Victims of Overseas Terrorism Compensation Scheme
• A court or tribunal in connection with proceedings relating to a decision of the CICA; or
• Registered foreign lawyer

We don't yet know when these regulations will take effect. 

Then on 21 October 2025, the government announced plans to go further by removing the requirement that disclosures by victims of crime must be made to specified groups for specified purposes. However, this change will not apply to ‘excepted agreements’. A consultation will follow to explore further and clarify what counts as an ‘excepted agreement. 

Further reforms are anticipated under the Employment Rights Bill, which seeks to restrict employers from using NDAs in cases involving harassment or discrimination. You can read more in our article ‘Settlement agreements: government confirms that workers will be able to request NDAs’. 

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