181 General duty of employers to disclose information.E+W+S
(1)An employer who recognises an independent trade union shall, for the purposes of all stages of collective bargaining about matters, and in relation to descriptions of workers, in respect of which the union is recognised by him, disclose to representatives of the union, on request, the information required by this section.
In this section and sections 182 to 185 “representative”, in relation to a trade union, means an official or other person authorised by the union to carry on such collective bargaining.
(2)The information to be disclosed is all information relating to the employer’s undertaking [F1(including information relating to use of agency workers in that undertaking)] which is in his possession, or that of an associated employer, and is information—
(a)without which the trade union representatives would be to a material extent impeded in carrying on collective bargaining with him, and
(b)which it would be in accordance with good industrial relations practice that he should disclose to them for the purposes of collective bargaining.
(3)A request by trade union representatives for information under this section shall, if the employer so requests, be in writing or be confirmed in writing.
(4)In determining what would be in accordance with good industrial relations practice, regard shall be had to the relevant provisions of any Code of Practice issued by ACAS, but not so as to exclude any other evidence of what that practice is.
(5)Information which an employer is required by virtue of this section to disclose to trade union representatives shall, if they so request, be disclosed or confirmed in writing.
Textual Amendments
F1Words in s. 181(2) inserted (1.10.2011) by The Agency Workers Regulations 2010 (S.I. 2010/93), reg. 1(1), Sch. 2 para. 3
Modifications etc. (not altering text)
C1S. 181 modified (E.W.) (2.3.1998) by S.I. 1998/218, art. 3, Sch.
S. 181 modified (1.9.1999) by S.I. 1999/2256, art. 3, Sch.
C2Ss. 181-185 modified (E.) (1.9.2003) by The Education (Modification of Enactments Relating to Employment) (England) Order 2003 (S.I. 2003/1964), art. 3, Sch.
C3Ss. 181-185 modified (W.) (12.5.2006) by The Education (Modification of Enactments Relating to Employment) (Wales) Order 2006 (S.I. 2006/1073), art. 3, Sch.