9. Confidentiality and protection

Employers may have concerns about disclosing confidential information in the course of informing and consulting employees. Reps and employees may have concerns about being penalised or even dismissed for exercising their rights. The regulations address the issue of confidentiality in two ways:

• information may be given to employee representatives on a confidential basis to protect the interests of the undertaking (regulation 25); or

• information may be withheld where disclosure would seriously harm or prejudice the undertaking (regulation 26).

Disclosing confidential information could have serious consequences so everyone involved needs to be aware of this. However, the regulations also set out circumstances where reps or employees should be protected from sanctions.