Casework

Union reps must comply with data protection laws when representing individual members. These duties will involve them processing members’ personal data, for example, information about a disciplinary concern or grievance. Unions are at potential risk of liability for data breaches by a union rep when carrying out union duties, even if the union is not at fault (Unite the Union v Nailard [2018] EWCA Civ 1203), so there is a need for good guidance and policies and regular training.

Union reps owe a duty of confidentiality to the member and must put in place processes to keep files safe and secure, especially when out of the office, and for returning them safely. When discussing casework, the member’s identity should only be shared with those who need to know. Particular care is needed for sensitive health information. Computers should be password-protected, and laptops, tablets and memory sticks should be stored and transported securely.

Most unions provide written guidance for their case workers.