Legal Article - Employment Law

Right to Information

Finally, where an independent trade union is recognised by a company for negotiating purposes, the union has the right to write and ask for information from the company to help it to negotiate effectively. The information to be disclosed, as soon as possible after receiving the request, is:

a) information without which the trade union representatives would be to a material extent impeded in carrying on with such collective bargaining; and

b) Information which it would be in accordance with good industrial relations practice for the employer to disclose for the purposes of collective bargaining.

Employers are not required to disclose:

a) Information against the interests of national security; or

b) Information which could not be disclosed without contravening a prohibition imposed by or under an enactment; or

c) Information acquired in confidence; or

d) Any information which relates specifically to an individual unless that person has agreed specifically to its disclosure; or

e) Information likely to cause substantial injury to the employer’s undertaking for reasons other than its effect on collective bargaining; or

f) Information obtained by the employer for the purpose of bringing, prosecuting or defending any legal proceedings.

The Advisory, Conciliation and Arbitration Service has produced a Code of Practice on Disclosure of Information to Trade Unions’ for Collective Bargaining Purposes which gives details of the types of information that may need to be disclosed, when and how it should be disclosed and what happens legally if it is not disclosed.

In addition to the above a recognised independent trade union has the right to be informed and consulted about proposed redundancies and in respect of transfers of ownership under the Transfer of Undertakings Regulations 1981.

Published: 03 Jun 2011

Comments

To ensure you are a real person signing up and to prevent automated signups (spamming) could we ask you to copy the letters and numbers shown below into the box.

(cAse SeNSItivE!)

There are no comments



Share this Article


Related Articles

Employment Law Downloads