Collective consultation, data protection and confidentiality 


Employers sometimes try to use arguments based on the Data Protection Act 1998 (DPA 98) and commercial sensitivity 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 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 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 fails to comply with confidentiality obligations that have been clearly explained to them risks being disciplined by their employer, or even dismissed.