Following the 2024 BBC documentary, ‘Al Fayed: Predator at Harrods’, over 400 individuals came forward with allegations of sexual abuse by Mohamed Al Fayed, who owned Harrods from 1985 to 2010. Many of these individuals had previously signed NDA’s (Non-Disclosure Agreements), which they believed prevented them from speaking out or seeking justice.
Harrods acknowledged its vicarious liability for Al Fayed’s actions and committed to not enforcing any Non-Disclosure Agreements related to his abuse.
Policy and Legislation
The use of NDA’s to silence victims in this case drew significant legal and public scrutiny. In response, the UK government has decided to introduce the Victims and Prisoners Act 2024.
The Victims and Prisoners Act 2024, came into force on the 1st October 2025, introducing significant changes to how organisations can enforce NDA’s in England and Wales and how confidentiality clauses in contracts of employment or settlement agreements should be viewed.
We want to ensure that companies have a full understanding to the changes the act brings into force to ensure that your workplace policies and contracts align with current legal framework, safeguarding both the rights of individuals and the company interests.
Understanding the Key Provisions
Section 17 of the Act renders void any agreement that attempts to prevent a victim from disclosing information about criminal conduct to:
- Law enforcement agencies
- Qualified legal professionals for legal advice
- Regulated professionals for support services
- Victim support services.
Implications for HR and Business Operations
- Review and Revise Existing Agreements – It is the responsibility of HR to review NDA’s and confidentiality clauses to ensure compliance with the Act. Any provision that seeks to restrict disclosures related to criminal conduct, particularly to the specified recipients, must be amended or removed to align with new legislation.
- Update Policies and Training – Workplace policies should be updated to reflect changes introduced by the Act. Companies need to ensure that training is provided where possible and management have an understanding of the new rights of victims and the limitations on confidentiality agreements.
- Support Victims in the Workplace – Employers should establish clear procedures and policies for employees to report criminal conduct and seek support. This includes clear policies on Disclosures in the Public Interest (Whistleblowing), Code of Conduct and Anti-Bribery and Corruption Policies.
- Balance Legal Compliance with Business Interests – Whilst the Act prioritises the rights of victims, companies must consider the impact on confidentiality and the potential risks associated with certain disclosures. Employers should work closely with legal advisors to navigate complexities and develop balanced policies that protect both individuals and the business.
The government’s proposed and ongoing Employment Rights Bill, includes amendments that would render any future confidentiality clauses in settlement agreements related to workplace harassment, including sexual harassment as void. This aims to empower victims and witnesses to speak freely without fear of legal repercussions.
Along with the Workers Protection Act which came into force in October 2024 and imposes a duty on employers to ‘take reasonable ‘steps to prevent sexual harassment of employees, organisations must recognise the need of duty of care and protection of employees under their care.
These legislative changes have been designed to dismantle a culture of silence, fear and concealment that has persisted in parts of the UK workplace.
In the case of Harrods and Al Fayed, NDA’s were used to silence victims of alleged abuse, creating a culture where wrongdoing was hidden instead of addressed.
There has been a culture of ‘Reputation over Responsibility’, where organisations have prioritised protecting their brand or senior figures over protecting their employees. Employers now face more accountability and potential tribunal penalties for failing to take ‘reasonable steps’ to prevent harassment or for using agreements to cover up misconduct.
Workplace Culture
The legislation supports a shift toward a safe, transparent, and supportive workplace culture where:
- Speaking up is protected and encouraged
- Victims are supported, not silenced
- HR acts as a safeguard, ensuring fairness and accountability
- Confidentiality protects privacy, not perpetrators
We at THSP ensure not only our colleagues are working within a supportive workplace culture, but that we also support our clients with up-to-date legislative advise, current policies and robust contracts of employment.