Collective consultation, data protection and confidentiality 




Employers sometimes try to use arguments linked to data protection and commercial sensitivity to avoid sharing information about redundancies with union reps. Data protection laws do not prevent employers providing this information to reps because these laws permit the processing of personal data to comply with statutory employment obligations, including the legal requirement to consult collectively. In any event, much of the information can be anonymised if necessary. 




In regard to confidentiality and commercial sensitivity, an employer’s confidentiality concerns are not allowed to overide its 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. A rep who breaches confidentiality obligations after these have been clearly explained risks being disciplined, or even dismissed.