This is a preview. To continue reading please log in or Register to read this article

Disclosure of information: Employer's refusal to negotiate does not preclude disclosure

This report relates to 1 case(s)

  • expand disabled

    HM Prison Service v Prison Officers' Association 27 March 1995 CAC (0 other reports)

Where there is a generally established custom and practice of collective bargaining over an issue, an employer cannot circumvent its statutory duty to disclose certain information to recognised trade unions simply by making a unilateral declaration that it will not negotiate or bargain on a particular occasion, declares the Central Arbitration Committee in HM Prison Service v the Prison Officers' Association.

Under s.181 of the Trade Union and Labour Relations (Consolidation) Act 1992 (the TULR(C)A), an employer who recognises an independent trade union must, for the purposes of all the stages of collective bargaining about matters, and in relation to descriptions of workers, in respect of which the union is recognised by the employer, disclose certain information to representatives of the union on request (s.181(1)).