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43J: A Protection against NDAs

NDAs are alarmingly being used by organisations to cover up wrongdoing and intimidate whistleblowers into silence. In this video, we explain how section 43J of the Employment Rights Act 1996 may help protect whistleblowers and stop them from being silenced, even if they have signed an NDA.

Although 43J is an important protection for whistleblowers, it is not a magic bullet. Whether you are protected by whistleblowing law will depend on what your concerns are and with whom you raise them, among other things.

There are different legal tests to meet depending on whether you raise concerns internally (with your employer or relevant responsible person), externally (with a ‘prescribed person’ such as a regulator) or make a ‘wider disclosure’ (e.g. to the media). In general, it is much harder to benefit from the protection of whistleblowing law when making a ‘wider disclosure’.

We would recommend watching our video on Protected Disclosures alongside this video for a fuller understanding of the law.

If in doubt, call our advice line or seek legal advice.