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. As regards data protection, the Data Protection Act 1998 (DPA 98) does not prevent employers providing this information to reps. This is because there is a statutory exception for personal data supplied by the employer under a statutory obligation. In any event, much of the information can be anonymised. 



As regards confidentiality and commercial sensitivity, an employer’s confidentiality concerns are not allowed to trump 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. A rep who breaches confidentiality obligations after these have been clearly explained by the employer risks being disciplined, or even dismissed.