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(1)For the purposes of all the stages of such collective bargaining between an employer and representatives of an independent trade union as is referred to in subsection (2) below, it shall be the duty of the employer, subject to section 18 below, to disclose to those representatives on request all such information relating to his undertaking as is in his possession, or that of any associated employer, and is both—
(a)information without which the trade union representatives would be to a material extent impeded in carrying on with him such collective bargaining, and
(b)information which it would be in accordance with good industrial relations practice that he should disclose to them for the purposes of collective bargaining.
(2)The collective bargaining for the purposes of which an employer must disclose information under subsection (1) above is collective bargaining about matters, and in relation to descriptions of workers,—
(a)in respect of which the trade union is recognised by that employer; . . . F1
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
and in this section and sections 19 to 21 below “representative”, in relation to a trade union, means an official or other person authorised by the trade union to carry on such collective bargaining.
(3)Where a request for information is made by trade union representatives under this section, the request shall, if the employer so requests, be in writing or be confirmed in writing.
(4)In determining, for the purposes of subsection (1)(b) above, 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 the Service under section 6 above, but not so as to exclude any other evidence of what that practice is.
(5)Where an employer is required by virtue of this section to disclose any information to trade union representatives, the disclosure of it shall, if they so request, be in writing or be confirmed in writing.
Textual Amendments
F1Word and s. 17(2)(b) repealed by Employment Act 1980 (c. 42), Sch. 2
Modifications etc. (not altering text)
C1Ss. 17–21, 99–103, 105(1)–(3) and106 modified by S.I. 1989/901, art. 3(1)(2), Sch.
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