NDAs & Confidentiality Clauses in cases of alleged discrimination, harassment, sexual harassment or victimisation: How do I handle it?
Published on: 21/01/2026
Article Authors The main content of this article was provided by the following authors.
Leah Moriarty Solicitor, RDJ LLP
Leah Moriarty Solicitor, RDJ LLP
Leah Moriarty
LinkedIn

Leah is a Solicitor, practising as part of the firm’s Employment team. Having trained with RDJ, she has gained experience across the firm’s main practice areas including litigation & dispute resolution and corporate & commercial before specialising in employment law.  Leah has already demonstrated a strong commitment to advocating for employers and navigating the complexities of the employment law landscape with insight.

Leah advises employers across various sectors, on both contentious and non-contentious aspects of employment law. Leah regularly reviews contracts of employment, company handbooks, policies and procedures and tailors them to meet the specific needs of RDJ clients. Leah has experience in the defence of claims before the Workplace Relations Commission, the Labour Court and the Courts. Leah is a contributor to Legal Island and regularly publishes RDJ Insights on employment law issues.

It is over one year since the Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (“the 2024 Act”) came into effect on the 20 November 2024. The 2024 Act amends the Employment Equality Act 1998 (“the 1998 Act”) by introducing restrictions on the use of Non-Disclosure Agreements (“NDAs”) where an employee has alleged discrimination, harassment, sexual harassment or victimisation.  

One year on, we take a look at the impact the 2024 Act has had in practice and offer practical guidance to employers navigating this area. 


Void NDAs/Confidentiality Clauses  

Under the 2024 Act, any purported NDA or confidentiality clause in a settlement/severance agreement, between an employer and employee shall be void where such NDA/clause prohibits the employee from

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 21/01/2026
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