New law strengthens rights of victims

In a significant reform for victims of crime, section 17 of the Victims and Prisoners Act 2024 comes into force today, introducing tighter regulations surrounding non-disclosure agreements (NDAs). Daniel Zona, an associate in the Employment team at Kingsley Napley LLP, discusses the implications of this legislative change. He remarks, "The restrictions on the use of non-disclosure agreements (NDAs) coming into force tomorrow have been welcomed by campaigners as an overdue reform that empowers victims and curtails the misuse of NDAs."

Under the new provisions, any agreement entered into on or after 1 October that attempts to prevent individuals who are victims of crime, or reasonably believe they are victims, from making disclosures to defined groups will be rendered void. The Act builds on existing limitations around NDAs, especially within the employment sector. Previously, provisions like NDAs preventing protected disclosures under whistleblowing legislation were already deemed void, but these new rules clarify and extend the protections available to victims.

Employers are required to reassess and modify any confidentiality clauses to ensure compliance with the revised legal landscape, with Zona cautioning against the use of standard clauses that do not take individual circumstances into account. Notably, the law broadens the spectrum of individuals and organisations to whom disclosures can be made without legal repercussions. Victims can now share information with victim support services and close family members without fear of breach.

Another key difference is the relaxation of the criteria for protected disclosures. Under whistleblowing law, an individual must demonstrate a belief that the disclosure serves the public interest. However, the new provisions simplify this requirement, stating that all that is needed is for the individual to identify as a victim of crime or to reasonably believe they are. There is no obligation for the victim to have made a police report or for any criminal charges or convictions to exist, which could encourage more victims to come forward with their experiences.

However, the legislation also notes that disclosures intended primarily for public release will not be void. For example, if a victim instructs a lawyer with the intent of making the information public, that disclosure would not be protected under the new provisions.

As awareness of these reforms grows, it is anticipated that more employees may begin to challenge the use of NDAs and confidentiality clauses within settlement agreements. As a result, employers may encounter increased difficulty in resolving disputes effectively within the new regulatory framework.