Key takeaways
Confidentiality clauses can’t block victim disclosures
From 1 October 2025, clauses preventing disclosures to police, lawyers, or support services will be unenforceable under the Victims and Prisoners Act 2024.
Broad definition of ‘victim’ applies
The law protects individuals affected directly or indirectly by criminal conduct including witnesses and bereaved family members.
Employers must update settlement templates
Organisations should revise employment agreements to reflect the new disclosure rights and avoid unenforceable terms.
Confidentiality provisions (sometimes called non-disclosure agreements) are common in agreements used to settle employment disputes. On 1 October 2025, parts of the Victims and Prisoners Act 2024 will come into force in England and Wales, impacting on the validity and enforceability of those confidentiality provisions.
Under these new laws, confidentiality clauses will be void and unenforceable if they preclude someone who is, or reasonably believes they are, a crime victim from disclosing information to the following persons:
the police or other bodies which investigate or prosecute crime, for investigating or prosecuting the relevant conduct;
qualified lawyers, for seeking legal advice about the relevant conduct;
regulated professionals (including regulated healthcare professionals), for obtaining professional support in relation to the relevant conduct;
victim support services, for obtaining support in relation to the relevant conduct;
regulators, for cooperating with the regulator in relation to the relevant conduct;
the Criminal Injuries Compensation Authority (CICA), for the purpose of claiming compensation in relation to relevant conduct; and
a court or tribunal, for the purpose of issuing or pursuing any proceedings in relation to a CICA decision in relation to such a claim;
to a person authorised to receive information on behalf of any of the above, for the relevant purposes mentioned above; or
to the victim’s child, parent or partner, for the purpose of obtaining support in relation to the relevant conduct.
This will apply provided the primary purpose of the crime victim’s disclosure of information to the above person(s) is not to release the information into the public domain.
The concept of a ‘victim’ is widely defined and includes someone who has suffered harm – which includes physical, mental or emotional harm or economic loss – directly as a result of either they themselves being subjected to criminal conduct, or where they saw, heard, or otherwise directly experienced the effects of criminal conduct when it occurred. It also includes situations where their birth, or the death of a close family member, was the direct result of criminal conduct, and child victims of criminal domestic abuse.
The Ministry of Justice has recently published guidance on the new rules and employers should be sure to update any settlement agreement templates from 1 October 2025.
