LAW

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Legal Terms - disclosure of information
​1. (pertaining to employment law) The employer's communication to employees and their trade union representatives with information pertinent to collective bargaining, potential redundancies, and the safeguarding of employees' health and safety at work. According to the Trade Union and Labour Relations (Consolidation) Act 1992, employers are obligated to provide the following information to representatives of a registered independent trade union or to alternative employee representatives in the absence of a recognized trade union:

1. Information crucial for sustaining effective industrial relations or for the development of wage and associated demands. The obligation to share this information is contingent upon a request from the union. Disclosure is not required when it might jeopardize national security, adversely affect corporate interests (except its impact on collective bargaining), or when the material is sub judice or pertains solely to specific individuals. Disclosure guidelines are issued by the Advisory Conciliation and Arbitration Service (ACAS).
When an employer declines to reveal critical information, the Central Arbitration Committee is authorized to intervene. Submission by the trade union for the establishment of pay awards and conditions that are ultimately enforceable in judicial proceedings.

2. Information regarding any proposed collective redundancies by the employer. The union must be notified 45 days in advance when 100 or more employees are to be made redundant within a 90-day timeframe, and 30 days' notice is required for proposed redundancies involving 20 to 99 employees within the same period. The employer's notification must delineate the rationale for the proposals, the quantity and job titles of the affected employees, the criteria for selecting employees for redundancy, and the protocols for their termination. It must take into account any representations made by the union, but is not obligated to acquiesce to its demands. If the employer neglects to provide the requisite notice, the union may petition an employment tribunal, which has the authority to provide a protection award to the affected employees. Furthermore, employers must inform the Secretary of State prior to issuing a notice to terminate an employee's contract (Junk v Kühnel [2005] IRLR 310 (ECJ)).

According to the Health and Safety at Work Act 1974, an employer is obligated to provide employees with adequate knowledge, guidance, and supervision to safeguard their health and safety, as far as is reasonably practicable. He is also required to provide copies of any pertinent documentation to safety representatives designated by an accredited labor union.
1. In criminal proceedings, the obligation of the prosecution to disclose evidence and the defence to reveal certain specified matters, as mandated by the Criminal Procedure and Investigations Act 1996, amended by the Criminal Justice Act 2003. In criminal proceedings, the prosecution is obligated to reveal material pertinent to an investigation that is not included in the prosecution's case. The prosecution is obligated to furnish the defense with copies of, or access to, any materials that could reasonably be deemed to undermine the prosecution's case or support the defense's argument. The defense obligation of disclosure in criminal proceedings encompasses the necessity to submit a defense statement, the obligation to notify the intention to call defense witnesses along with their particulars, and the requirement to inform about the decision to engage an expert witness, including relevant details.



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