What about confidentiality concerns?

Employers sometimes argue that consultation would create commercial or confidentiality problems. But the rules (including Stock Exchange Rules) do not prevent employers giving commercially sensitive information to reps who are willing to enter into confidentiality agreements for a specified period. Acas says that “good employment practice recommends that you be as open as possible with unions and employee representatives. Withholding information may hinder the progress of effective consultation and may even render the consultation invalid”.