Can my employer make me sign an NDA?

A non-disclosure agreement (NDA) — also called a confidentiality agreement — is a contract in which one or both parties agree not to disclose specified confidential information to third parties. In employment, NDAs are commonly used to protect trade secrets, business plans, client lists, and other commercially sensitive information. Employers can lawfully include NDA clauses in employment contracts or standalone agreements, and they are generally enforceable where they are reasonable in scope and duration and protect a legitimate business interest. However, there are important limits. Under the Employment Rights Act 1996, workers are entitled to make "protected disclosures" (whistleblowing), and a contract term that purports to prevent this is void — it cannot override statutory whistleblowing rights. Similarly, an NDA cannot lawfully prevent an employee from reporting a crime to the police or cooperating with an investigation by a regulator. Following public concerns about misuse of NDAs to suppress allegations of sexual harassment, the Worker Protection (Amendment of Equality Act 2010) Act 2023 and related policy guidance have reinforced that an NDA should not be drafted or used to prevent individuals from accessing legal advice or speaking to professionals in confidence about protected matters. Any NDA presented to you in the context of a settlement agreement should be reviewed by an independent solicitor before signing, since overly broad confidentiality clauses may be unenforceable.