Law queries

We're engaged in a pay dispute at the moment. Although our employers are keeping information very close to their chests they have agreed to provide the reps with some information on pay structures and payment systems, but only if we agree that it should be kept confidential. Can they impose this requirement?

The law says that employers who recognise unions must provide them with information "without which, to a material extent unions would be impeded in carrying on collective bargaining".

The advisory and conciliation service ACAS has a code of practice which specifically refers to information on the principles and structures of payment systems as among the types of information that an employer should disclose. Nowhere in the code is it suggested that this type of information is only to be provided if kept confidential. Indeed you could argue that employers have a duty to make their payment systems transparent in the interests of ensuring equal pay.

* More information: Section 181 of the Trade Union and Labour Relations (Consolidation) Act 1992. ACAS code of practice No.2, Disclosure of information to trade unions for collective bargaining purposes