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The Maternity Protection, Employment Equality & Preservation of Certain Records Act 2024 was signed into law by the President on 28 October 2024.
The 2024 Act inserts section 14B to the Employment Equality Act 1988, which states that an employer cannot enter a non-disclosure agreement (“NDA”) with an employee. If such an agreement is entered into, it shall be null and void. An NDA is an agreement, or a provision of an agreement, which may or may not be in writing, between an employer and an employee, that aims to prevent the employer and/or employee from making a relevant disclosure.


A relevant disclosure is when an employee makes an allegation that they were subject to discrimination, victimisation, harassment, or sexual harassment in relation to their employment by the employer. A relevant disclosure can also be any action taken by the employer or employee in response to making such an allegation such as a complaint made, or proceedings taken by the employee, regarding the allegation’s subject matter.


However, there are some exceptions, as NDAs can be entered into under (i) the terms of settlement in section 24(4) of the Equal Status Act 2000 or (ii) the terms of a resolution in section 39(4) of the Workplace Relations Act 2015.


Another exception is that an “excepted” NDA can be entered into if an employee requests the employer to do so. Prior to entering the agreement, the employee must have received independent legal advice from a legal practitioner regarding the legal implications of entering an NDA with their employer. The employer must discharge the employee’s legal costs and expenses, so long as they are reasonable.

The excepted NDA must:

  • Be in writing;
  • Be in clear language which is easily understood and accessible to all parties to the agreement, including any party with a disability;
  • Be of unlimited duration, unless the employee elects otherwise;
  • Give the employee the right to withdraw from the NDA without penalty no later than 14 days from the date the NDA was entered into;
  • Include a provision stating that the NDA does not prevent the employee from making a relevant disclosure to the following persons acting in the course of their office, employment, business, trade or profession: member of An Garda Síochána, legal practitioner, medical practitioner, mental health professional, an officer of the Revenue Commissioners or Ombudsman, trade union official or a person specified in the NDA to whom a relevant disclosure may be made by the employee.
  • Once the excepted NDA is entered into, the employer must provide the employee with a copy of the executed agreement.

The above is intended for information only and is not legal advice. If you would like to talk to us about non-disclosure agreements or any aspect of employment law, please contact us at law@fitzsimonsredmond.ie or 01-6763257.

By Áine Harkin
Trainee Solicitor at Fitzsimons Redmond LLP