What is a Section 278 Agreement?

A Section 278 Agreement is a legal agreement between a developer and a highway authority to carry out highway works.

Breaking The Silence: Government Consults On NDA Safeguards

The Government is consulting on new rules to stop the misuse of non-disclosure agreements (NDAs) in workplace harassment and discrimination cases. The consultation closes on 8 July, with new regulations expected next year.

Under the proposed changes in the Employment Rights Act 2025, any agreement stopping a worker from speaking about harassment or discrimination would generally be unenforceable. The Government says the aim is to tackle a “culture of silence and impunity” in workplaces.

The proposals would apply to employment contracts, settlement agreements and COT3 agreements reached through Acas. However, some confidentiality clauses may still be allowed through what the Government calls “excepted agreements”.

To qualify as an excepted agreement, workers would need to receive independent legal advice in writing before signing. They would also need to give written consent. Another proposal is a mandatory cooling-off period, currently suggested as 14 days, allowing workers to change their minds and withdraw from the agreement without penalty.

Even where an NDA is valid, workers would still be allowed to discuss harassment or discrimination with certain people and organisations. These could include regulators, doctors, lawyers, trade union representatives and close family members. The Government is also considering whether workers should be allowed to discuss matters with prospective employers.

The consultation also asks whether the rules should be extended beyond employees to include agency workers, secondees, and people in work experience or training placements.

For HR teams, these proposals could have a major practical impact. Employers may become less willing to settle disputes confidentially if confidentiality cannot be guaranteed, which could lead to more claims being litigated. Cooling-off periods could also make it harder to finalise last-minute settlement agreements before tribunal hearings.

About Jon Dunkley

Jon Dunkley is a Partner at Wollens and heads up the firm’s Regulatory Department. Based at our North Devon office, Jon is a highly experienced solicitor with a broad commercial and regulatory practice, supporting businesses, professionals and senior employees across a wide range of legal issues.