HR Heartbeat: UK NDA ban on misconduct cover-ups, tribunal rules on performance feedback, and rise of revenge quitting

Welcome to HR Heartbeat, where we take a look at the week’s most pressing HR and employment law stories. With over 18 years’ experience in employee relations, I give my opinion on current trends impacting your business, as well as my own personal commentary on all things HR and legal.

No more silence: NDAs can’t hide workplace misconduct

The UK government has proposed changes to the Employment Rights Bill that would ban employers from using non-disclosure agreements (NDAs) to silence victims of workplace harassment or discrimination. The changes, expected to become law later this year. They will void existing NDAs used to silence employees and allow witnesses to speak out without being sued.

This is monumental. For too long, NDAs have been weaponised to protect reputations rather than people. The legal change brings the UK in line with countries like Ireland and Canada.

In my experience it’s always been clear that companies should have clear, transparent and easily accessible policies on misconduct. Not having them could even be a possible red flag. If you’re legitimate but don’t have them, you need to consider fixing this as it benefits everyone. BrightHR provides templated policies that are ready to use, without tons of expensive legal fees.

And beyond policies, you need proper reporting mechanisms and investigation procedures. Our 24/7 advice line can guide you through handling sensitive complaints correctly, while our unlimited document storage lets you ensure everything is properly recorded.

‘Messy work’ feedback isn’t harassment, tribunal confirms

An East London employment tribunal ruled that criticising an employee’s “messy work” during a performance review is not harassment or disability discrimination. A senior HR manager with ADHD and dyslexia (which he hadn’t disclosed), claimed his boss’s feedback left him “humiliated and ashamed”.

The tribunal was clear: “if a manager cannot be explicit about a weakness in performance, there is a risk that an entirely well-meant warning will not be taken onboard by the employee”. The judge ruled the comments were accurate and made to help the employee improve.

For me, this case highlights something crucial: managers need to give honest feedback to help their teams improve. But there’s a right way to do it. Employers must establish proper processes and cultures to enable clear and productive conversations that benefit everyone.

Performance management tools help employers structure and track these conversations properly, ensuring feedback is always constructive and documented consistently. Plus, unlimited 24/7 expert advice lets managers ask questions about anything they’re unsure of so they can approach tricky conversations correctly.

One in seven employees “revenge quit” their jobs

A reed.co.uk survey found that 15% of workers had abruptly resigned without giving formal notice, an action some have dubbed, “revenge quitting”. But why is this happening?

More than a third blamed poor management, 27% cited poor company culture, and 26% pointed to low salaries.

Some employees left “mid-shift”, while others sabotaged companies by deleting files. Many even used platforms like TikTok to share their dramatic exits.

While I understand workplace frustrations, revenge quitting burns bridges and does not solve anything. For employers, this trend is a wake-up call about the value of company culture and management practices.

Regular check-ins, clear progression paths, and addressing concerns before they reach boiling point are essential. Employee wellbeing support can help staff work through frustration constructively. Tools like BrightHR’s Praise and Bright Exchange perks can also help build a better culture day-to-day.

Additionally, tracking employee and manager development with performance management and e-learning tools can offer more opportunities and track satisfaction before problems escalate.

These three stories show workplace relationships at different breaking points, from serious misconduct cover-ups to performance feedback disputes and dramatic resignations. But I believe there’s a common thread. Clear policies, proper processes, and open communication could have helped prevent many of these issues from escalating.

And that’s a wrap from me. Tune in next time for my take on the latest headlines and employment law stories, helping keep your business ahead!