PARLIAMENTARY WRITTEN QUESTION
(4 February 2026)

To ask the Secretary of State for Education, pursuant to the Answer of 20 October 2025 to Question 77869 on Teachers: Disclosure of Information, whether her Department plans to consider the experiences of teachers subject to non‑disclosure agreements in settlement contracts when developing the conditions to be set out in forthcoming regulations.

Asked by:
Connor Naismith (Labour)

School leaders are best placed to make staffing decisions to ensure the workforce reflects the needs of their pupils. That is why schools are provided the freedom to manage employment of all their staff. The department is not the employer of any school staff.

Where school employers use settlement agreements, they are required to comply with employment law. Settlement agreements are entirely voluntary, and employees do not have to enter into them if they do not agree with the proposed content. Academy trusts must comply with the Academies Financial Handbook if they are considering making a settlement agreement. The handbook can be found here: https://www.gov.uk/government/publications/academy-trust-handbook.

Settlement agreements often include a confidentiality clause, however, the law is clear that confidentiality clauses cannot be used to prevent someone from making a protected disclosure, such as whistleblowing. Further information about whistle blowing for employees can be accessed here: https://www.gov.uk/whistleblowing.

In addition, the government has introduced a new measure, through the Employment Rights Act 2025, that will address the misuse of non-disclosure agreements (NDAs) by employers. The government will consult on the conditions under which NDAs can still be validly made, known in the legislation as an ‘excepted agreement’.

Answered by:
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