What about data protection and confidentiality?

Employers sometimes use arguments based on the Data Protection Act 1998 (DPA 98) and commercial sensitivity to try to avoid sharing information about redundancies with union reps. As regards data protection, the DPA 98 does not prevent employers providing this information to reps. This is because there is a statutory exception under the DPA 98 for personal data that is supplied by the employer under a statutory obligation. In any event, much of the information can be anonymised.

Regarding issues of confidentiality and commercial sensitivity, an employer’s confidentiality concerns are not allowed to take precedence over the statutory duty to consult over redundancies and transfers. Union reps can and often do enter into confidentiality agreements restricting disclosure of sensitive information provided during consultation.