Employees (Provision of Information and Consultation) Act 2006

14

Confidential information.

14.— (1) Subject to subsections (4) and (5) an individual who at any time is or was—

( a) a member of an Information and Consultation Forum,

( b) an employees’ representative who is party to an information and consultation arrangement,

( c) an employee participant in an information and consultation arrangement, or

( d) an expert providing assistance,

shall not disclose to employees or to third parties any information which, in the legitimate interest of the undertaking, has been expressly provided to him or her by the undertaking in confidence.

(2) The duty of confidentiality imposed by subsection (1) shall continue to apply after the cessation of the employment of the individual concerned or the expiry of his or her term of office.

(3) Notwithstanding subsection (1), the individual concerned may disclose information which has been expressly provided to him or her in confidence to employees and to third parties where those employees or third parties are subject to a duty of confidentiality under this Act.

(4) An employer may refuse to communicate information or undertake consultation where the nature of that information or consultation is such that, by reference to objective criteria, it would—

( a) seriously harm the functioning of the undertaking, or

( b) be prejudicial to the undertaking.

(5) An employer shall refuse to disclose information where disclosure of the information concerned is prohibited by any enactment.

(6) The Court or any member of the Court or the registrar or any officer or servant of the Court, including any person or persons appointed by the Court as an expert or mediator, shall not disclose any information obtained by it in confidence in the course of any proceedings before it under this Act.