Transnational Information and Consultation of Employees Act 1996

Confidential information.

15

15. (1) Subject to subsection (2) and section 20 , a person who is or at any time was—

( a) a member of—

(i) a Special Negotiating Body,

(ii) a European Employees’ Forum, or

(iii) a European Works Council,

or

( b) an employees’ representative to an information and consultation procedure,

shall not reveal any information expressly provided in confidence to him or her or to the Body, Forum or Council.

(2) A person may, in accordance with his or her duties as a member, expert or employees’ representative to the procedure, disclose such information—

( a) to the Body, Forum or Council of which he or she is or was then a member,

( b) to another employees’ representative to the procedure, or

( c) to the member, body or person he or she is or was then employed to advise.

(3) The central management may withhold from a Special Negotiating Body, European Employees’ Forum, European Works Council or in connection with an information and consultation procedure, information that it claims is commercially sensitive—

( a) where it can show that the disclosure would be likely to prejudice significantly and adversely the economic or financial position of an undertaking or group of undertakings or breach statutory or regulatory rules, or

( b) where the information is of a kind that meets objective standards for determining that it should be withheld agreed between the central management and the Special Negotiating Body, European Employees’ Forum, European Works Council or the employees’ representatives to an information and consultation procedure.

(4) In this section “ member” and “ employees’ representative to an information and consultation procedure” includes a person who at any time, as an expert, assists or assisted such a member or person.