An employee NDA protects the confidential information a worker is exposed to — but UK law puts firm limits on what it can demand. Get those limits wrong and you do not just lose the offending clause; you can weaken the whole agreement. The Employment Rights Act 2025 added sexual harassment disclosures to the protected category from 6 April 2026.
NDASafe is a document preparation service, not a law firm. Our templates are legally reviewed against applicable UK law at the point of release, but every situation is different. Where significant value, unusual risk or a cross-border element is involved, take independent legal advice before you sign.
What an employee NDA can protect
- Trade secrets, source code, and technical know-how
- Customer and supplier lists, pricing and margins
- Business plans, financials and unannounced products
What it can never do
A UK employee NDA cannot prevent a protected disclosure under PIDA 1998, the reporting of a crime, co-operation with the police or a regulator, or — since 6 April 2026 under the Employment Rights Act 2025 — disclosure of sexual harassment. It also cannot prevent a victim from exercising rights under the Victims and Prisoners Act 2024. These carve-outs are mandatory; any clause that ignores them is void.
Confidentiality vs restrictive covenants
Confidentiality is one thing; restricting where someone works next is another. Non-compete and non-solicitation clauses are only enforceable so far as they protect a legitimate business interest and go no wider than reasonable — the test in Tillman v Egon Zehnder. See the NDA vs non-compete guide.
The NDASafe Employee NDA includes mandatory whistleblowing, sexual harassment (ERA 2025), regulator and victim carve-outs, plus optional IP-assignment and non-solicitation blocks. Updated June 2026. £29, editable Word.