NDAs under the Victims and Prisoners Act 2024: What employers need to know

The recent introduction of the Victim and Prisoners Act 2024 (VPA) has changed what can be covered by non-disclosure agreements (NDAs) and employee settlement agreements, containing confidentiality clauses. This new legislation will mark a change for employers and employment law practitioners from existing rules, which all should be aware of.

The VPA has extended the scope of a permitted disclosure, allowing for these to be made by what the legislation defines as a “victim of crime”. This concept extends to someone who may reasonably believe themselves to be a victim of crime.

What’s actually changing?

From 01 October 2025, an NDA or settlement agreement cannot prevent a disclosure of criminal conduct by a victim of crime (or aforementioned, by someone who may reasonably believe themselves to be a victim of crime). Any NDA or settlement agreement entered into that seeks to prevent this type of disclosure will be held as void.

Section 1 of the VPA defines a victim as a person who has suffered harm as:

• A direct result of being subjected to criminal conduct
• A person who has seen, heard or otherwise directly experienced the effects of criminal conduct at the time the conduct occurred
• Where the person’s birth was the direct result of criminal conduct
• Where the death of a close family member of the person was the direct result of criminal conduct
• Where the person is a child who is a victim of domestic abuse, which constitutes criminal conduct

What this means in practice

The VPA defines a permitted disclosure as “a disclosure of information that is made by a victim or a person who reasonably believes they are a victim”. A disclosure will only be classed as permitted if it is being made with the intention of seeking relevant support and is directly related to the criminal misconduct.

A permitted disclosure can be made to anyone with law enforcement functions (i.e. the police), a qualified lawyer in the course of legal advice, a regulated professional when seeking professional support, during the course of victim support, during the course of a regulatory investigation or to the victim’s child, parent or partner, when seeking support.

What employers should know

It is important to note that a provision in an NDA or settlement agreement which seeks to prevent a permitted disclosure, will only be valid when not being made to the previously mentioned bodies or people. An NDA or settlement agreement can still be used by employment law practitioners in England and Wales to prevent ‘victims’ from making permitted disclosures to those outside of what the legislation permits.

Many organisations already limit the scope of their NDAs and settlement agreements to allow disclosures to the police and authorities or to a person’s  legal advisers in connection with criminal matters. The VPA has expanded the scope of these permitted disclosures to allow victims, and those who reasonably believe they are a victim of crime, to make said permitted disclosures.

Permitted disclosures now also include unreported offences and offences which have not been prosecuted.  The VPA marks a departure from existing legislation, where for a disclosure to be deemed permitted, it had to be disclosed in the public’s interest. The new legislation still prohibits disclosures to the general public.

Parties to NDAs and settlement agreements may incorrectly assume that the new legislation means they can make permitted disclosures, where they still cannot. To mitigate any potential unpermitted disclosures, employers may wish to review NDAs or settlement agreements entered into before October 2025.

Employers may also wish to offer training to employees on the implications of the new legislation. Ensuring that HR employees are knowledgeable about the change in the law may promote better compliance with the new legislation.

As the VPA has widened the scope of what qualifies as a permitted disclosure, there will no doubt be an increase in the number being made in England and Wales. Employers and employment law practitioners should be well versed in these changes and the challenges that this brings. These may include:

• Assessing whether the employer finds themselves in a high-risk industry, where permitted disclosures may be more likely to occur
• Update current contractual templates and policies, such as any whistleblowing policies
• Consider internal company policies on reporting historic or current concerns and ensure the appropriate processes are in place for dealing with permitted disclosures
• Review contracts with third parties. Employers must ensure that any new NDAs or settlement agreements do not unlawfully prevent permitted disclosures by a victim, as defined by the VPA. Especially where third parties work in close proximity with their own employees

The VPA has no doubt changed the way in which permitted disclosures can be made in England and Wales. With more favour placed on what the legislation defines as a victim and widening the scope of who a permitted disclosure can be made to, it is only a matter of time before we see an increase in disclosures.

As employers and employment practitioners, we should ensure that newly issued NDAs and settlement agreements comply with the new legislation. We should also ensure that any disclosures fall under the category of permitted, and where they don’t, look to protect employers and former employees.

How we can help

At Anderson Strathern, we have an expert team of lawyers and HR Plus business partners who remain ready to assist with drafting, providing guidance on NDAs, settlement agreements and any other employment law matters.

If you have any queries in relation to these documents or any other matters, contact us here or get in touch with your regular contact.