(1) Subject to this section -

(a) an employer shall not enter into a non-disclosure agreement, and

(b) where such an agreement is entered into, it shall be null and void.

(2) Subsection (1) shall not apply to -

(a) a non-disclosure agreement entered into under -

(i) the terms of a settlement referred to in section 24(4) of the Equal Status Act 2000, or

(ii) the terms of a resolution referred to in section 39(4) of the Workplace Relations Act 2015,

or

(b) an excepted non-disclosure agreement that is entered into in accordance with subsection (3).