One-in-ten non-disclosure agreements are likely unenforceable in England and Wales, according to a new regulator report which also warns that the risks posed by NDAs are routinely underestimated and rarely explored by employers or their lawyers.

While most NDAs comply with regulatory requirements, the Solicitors Regulation Authority (SRA) is concerned that complacency is creeping into the drafting of such agreements, which could result in the gagging of victims of workplace misconduct.