Rights to information

Section 181 of TULRCA says that, for the purpose of collective bargaining, employers have a duty to disclose to representatives of independent recognised unions, information:

• without which representatives would be impeded in carrying out collective bargaining; or

• which, in accordance with good industrial relations practice, should be disclosed.

This can include an order to an employer to give the union information on the distribution of percentage pay awards across certain staff groups and information about the amount and distribution of overtime.

The Acas Code of Practice, Disclosure of information to trade unions for collective bargaining purposes, states that information that should be disclosed includes:

• pay and benefits — structure of the payment system, earnings analysed by work group, details of fringe benefits;

• employee numbers — numbers employed by age and sex, turnover, absenteeism;

• performance — productivity and efficiency data, sales; and

• financial — profit, assets, liabilities, loans, sales.

The right to disclosure is restricted on limited grounds by section 182 of TULRCA. This states that an employer can decline to give the information on the grounds of national security; that the information has been obtained in confidence; that it relates specifically to an individual; or that it would cause “substantial injury” to the employer’s undertaking.

The Acas Code of Practice gives examples of information that could lead to “substantial injury”, which includes cost information on individual products and marketing and pricing details.

Complaints over an employer’s failure to disclose must be presented in writing to the Central Arbitration Committee (CAC), which will attempt first to resolve the matter through mediation. Failing this it may, if it finds the claim justified, make a ruling (section 183, TULRCA). Claims under section 183 are presented by the union, not by individuals.