Confidentiality is not an excuse

Employers sometimes resist sharing information about redundancies with union reps with arguments linked to data protection and commercial sensitivity. However, data protection laws do not prevent employers providing this information to reps. The law permits the processing of personal data to comply with statutory employment obligations and this includes the legal duty to consult collectively with unions. In any event, much of the information can be anonymised if necessary.

Employers’ concerns about commercial sensitivity do not override their statutory duty consult over redundancies, either. Union reps can, and often do, enter into confidentiality agreements restricting disclosure of sensitive information produced during consultation.