Disclosure By The "Insurrection Bar" Courts & The Secret Nondisclosure

Описание: DISCLOSURE OF INFORMATION 1. (In employment law) The communication by an employer to employees and their trade-union representatives of information relevant to *collective bargaining, proposed *redundancies, and the preservation of employees' health and *safety at work. Under the Trade Union and Labour Relations (Consolidation) Act 1992, employers must disclose the following information to the representatives of a recognized *independent trade union. (1) Information that is essential for the maintenance of good industrial relations or for the formulation of wage and related demands. The duty to disclose this information only arises if the union requests the information. When disclosure would damage national security or harm the business (apart from its effect on collective bargaining), or the information is sub-judice or relevant only to particular individuals, disclosure need not be given. Guidelines on disclosure are published by *ACAS (see also CODE OF PRACTICE). When an employer refuses to disclose essential information, the *Central Arbitration Committee is empowered on the application of the trade union to make awards of wages and conditions that are ultimately enforceable in the courts. (2) Details of any redundancies proposed by the employer. He must give the union 90 days' notice when 100 or more employees are to be made redundant over a period of 90 days or less, and 30 days' notice when between 20 and 99 redundancy dismissals are proposed within a 90-day period. The employer's notice must specify the reason for his proposals, the numbers and job descriptions of employees involved, the way in which employees have been selected for redundancy, and the procedures for their dismissal. He must consider any representations made by the union, but need not comply with its demands. If the employer fails to give the required notice, the union can apply to an employment tribunal, which may make a *protective award to the redundant employees. Under the Health and Safety at Work Act 1974,an employer must give his employees at large such information, instruction, and supervision as will ensure their health and safety so far as is reasonably practicable. He must also give copies of any relevant documents to safety representatives appointed by a recognized trade union. 2. (in Criminal Proceedings) For criminal proceedings issued after 1 April 1997, the Criminal Procedure and Investigations Act 1996 sets out detailed rules on disclosures that the prosecution must make to the defense. It must disclose anything that might undermine its case and anything that might assist the defense, but the judgment of what undermines the prosecution or assists the defense remains with the prosecutor. Thus the Act enables the prosecution to decide what information they believe should be disclosed to the defiance and, in particular, whether to disclose information about any weakness in their own investigation. 3. See BREACH OF CONFIDENCE.

BREACH OF CONFIDENCE 1. The disclosure of confidential information without permission. 2. Failure to observe an injunction granted by the court to prevent this. The injunction is most commonly granted to protect *trade secrets (except patents, registered designs, and copyrights, which are protected under statute), but may also be granted, for example, to protect the secrecy of communications made between husband and wife during marriage or, possibly, between cohabitants during their period of cohabitation. The laws protecting confidential information exist at common law and will only restrain the dissemination of truly confidential information. Information that has been disclosed anywhere in the world, unless it was disclosed under conditions (usually a contract) of confidence, cannot subsequently be prevented from disclosure by the courts.

DISCLOSURE OF INTEREST: The DUTY of local authority members to disclose (at the time or by prior notice to the authority) any pecuniary interest they or their spouses have in any matter discussed at a local authority meeting. They must also Abstain from speaking and Voting on it. Breach of the Duty is a CRIMINAL OFFENCE. [This includes all COURT Agents]

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