Using statutory information rights

In a workplace with union recognition, reps have a legal right to information from the employer where that information is needed to support effective collective bargaining, or which should be disclosed in accordance with “good industrial relations practice” (section 181, Trade Union and Labour Relations Consolidation Act 1992 (TULRCA)).

Useful information in this context would depend on the type and size of employer, but it could include:

• how many women at work are of child-bearing age;

• what proportion of women return to work after maternity leave, on a full- or part-time basis (broken down to show, for example, pay grade/role, employment status or ethnicity);

• how many women request flexible working, and what proportion of requests are accepted (broken down, for example, into departments or roles). There might be patterns within the organisation, pointing, for example, to line manager bias, or the need for extra training;

• how long women usually take off work on maternity leave;

• how long women stay in their jobs after returning to work; and

• how many lose their jobs through redundancy within two years of returning to work.

Acas has produced a general Code of Practice on this right to information – Disclosure of information to trade unions for collective bargaining purposes, available from its website.