Key employment law updates | September 2025

Welcome to our monthly update, where we share upcoming changes to employment law.

NDAs: ban comes into effect on higher education providers entering into NDAs about sexual misconduct, new ban on NDAs to restrict victims disclosing criminal conduct due in October and changes proposed to the ERB to prevent NDAs on harassment/discrimination

On 1 August 2025, section 1 of the Higher Education (Freedom of Speech) Act 2023 (HEFSA) came into force, preventing higher education providers in England from entering into NDAs in relation to sexual misconduct allegations, or allegations of bullying or harassment.

This is part of a major government crackdown to prevent disclosures of misconduct and ensure justice and fairness are prioritised. As well as the HEFSA, the government have also:

• Implemented section 17 of the Victims and Prisoners Act 2024, which is due to come into effect (in England and Wales) on 1 October 2025. This will void any clause in an agreement that restricts victims from disclosing criminal conduct.
• Proposed amendments to the Employment Rights Bill which will (in England, Wales and Scotland) void provisions in settlement agreements and contracts that aim to prevent full and frank disclosures about harassment and discrimination – unless they are contained in an 'excepted agreement' (to be defined in regulations, but suggested to potentially include NDAs requested by a worker).

These changes (or proposed changes) could have wide-ranging impacts on the ability and/or inclination for employers to seek to settle allegations commercially.

One size fits all: The Home Office releases an optional international reporting template

On 30 July 2025, the Home Office, in collaboration with the Australian and Canadian governments, launched a voluntary international reporting template designed to assist organisations required to report on modern slavery, forced labour, and child labour across all three countries. This template seeks to simplify compliance. It aims to ensure that organisations only have to submit one report that aligns with UK transparency requirements while also addressing the specific legislative variations in Australia and Canada.

Key features of the new report include:

• Grouping reporting requirements into 7 key themes.
• Proportionate reporting focusing on risk to individuals rather than organisations.
• Two-tiered reporting approach, promoting ongoing progress and year-over-year enhancements in disclosure.

Employment Rights Bill: House of Commons rejects the House of Lords amendments:

On 15 September 2025, the House of Commons (HOC) firmly rejected the non-government amendments to the Employment Rights Bill (ERB) agreed by the House of Lords (HOL) at its third reading stage.

The ERB will now return to the HOL, with commentary and reasons attached as to why their proposals were rejected.

Key proposals that were rejected by the HOC are:

1. The six-month qualifying period for unfair dismissal. The HOC believe it should be a day one right.
2. The option for workers to request a guaranteed hours contract. The HOC believe there should be a statutory duty on employers to offer guaranteed hours without having to request it.
3. Defining "short notice" in the context of cancelling changing shifts for zero-hour workers to be 48 hours exactly. The HOC believe that this would limit the government's discretion and pre-empt consultation.
4. Permitting employees to be accompanied at disciplinary and grievance hearings by a "certified professional companion". The HOC rejected this for economic reasons.

In addition to rejecting the Lords' proposed amendments, the House of Commons has introduced an amendment to ensure that allegations of a failure to make reasonable adjustments are included in the concept of harassment and discrimination claims which would be void in any NDA. This appeared to have been an oversight in the initial NDA drafting.

The Bill will now head back to the HOL for further debate in the so called "ping-pong" stage of the enactment process. For more information on these proposed amends and our thoughts on whether or not they are likely to be successfully implemented, please see our recent article here.

Available training for managers

Given the significant changes due to be brought about by the Employment Rights Bill, there is no better time to upskill your managers via our transformational management development programmes to reduce risk, increase engagement, and enhance motivation. Our programmes involve utilising unique accelerated learning techniques that will boost people management skills for years to come, suitable for supervisors up to board level.  Furthermore, our seamless programmes link in with your policies and templates to bring about impactful change (with practical templates to bring your policies to life, if required). We link below further information on four of our flagship programmes:

Details of our current programmes are as follows:

• 21^st Century: An innovative four-day management development programme designed to equip managers with essential skills, knowledge, and behaviours to effectively manage performance and improve workplace culture. 

• Gender Diversity: We know that managers and employees lack confidence talking about gender diversity and managing a diverse workforce. That is why we've created this bespoke training programme to help you get ahead and shape your culture.

• Inclusive Leadership: We may not notice our unconscious biases, but they still influence our actions and beliefs. For leaders, it is crucial to recognise those biases and lead inclusively which is the focus of our one-day Inclusive Leadership programme.

• Prevention of Sexual Harassment: With a duty to take proactive steps to prevent sexual harassment (such as training) introduced last year, it is more important than ever to act. This programme equips your workforce with the tools needed to identify and take conscious steps to prevent workplace sexual harassment.

• Upskill Managers to Manage: We can support you to navigate the challenges of integrating teams effectively to maximise post-integration success, emphasising the need for strong management, strategic alignment, and collaboration to overcome cultural differences and mitigate risks in an increasingly competitive market.

• Improve Employee Heath & Resilience: Improving the health and wellbeing of your people is a key requirement to driving a successful business. By educating employees on health and wellbeing strategies, we can help you to gain the competitive edge as your people improve their energy, productivity and overall wellbeing. Our wellbeing programmes deliver educational, fun and interactive sessions that are empowering and revealing.

Please contact Joanne Boyle, Legal Director, if you would like to discuss further how we can support your organisation.