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Posted By rjohn.t
My employer has asked me to find an example of an occassion where disclosing information to an employee would be in violation of a legal prohibition.
(but not the data protection act, we have already excluded private individual information)
Can anyone help?
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Posted By Mark Talbot
Official Secrets Act - but it has a limited application to those who have signed it or are subject to it.
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Posted By ken mosley
Where the information is legally priveliged.
You need to speak with a lawyer to get the more precise details. For example a report prepared for your EL insurers/solicitors after receiving a personal injury claim from an employee could be subject to legal privelige and would not be required to be disclosed to the employee.
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Posted By rjohn.t
I am trying to find an example of a peice of legislation which states information can not be disclosed. (apart from the DPA).
Hoping......
John
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Posted By Stuart Nagle
I think the companies act has within it sections that deal with information considered priviledged to a company that may allow a company to prevent disclosure, but this mainly relates to information directly related to the business of the company.
I rather get the feeling from your postings that your company is seeking to prevent employees gaining access to information that may not be detrimental to the business, but that your directors simply do not want employees to see or be aware of!
I would suggest the company laywers are consulted.
Stuart
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Posted By Dave Wilson
Remember that any H&S info etc could be 'discoverable' in a court of law if the prosecution or invetigators want it when investigating offences.
So my remit is that everything should be available to an employee if they wish it, its good practice.
I would suggest that if you do not want the workforce to get hold of info then do not write it down anywhere even in an email, for instance anyone could cut and paste your question with your email address on it and send it to anyone they like!
If you have audit info which is a bit disparaging of a particular dept etc this should be used as a tool to get improvement as you have a measure to work against and MD like this as they can then batter someone unless of course you do not wish to communicate with your employees, bad karma matey!
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Posted By rjohn.t
Cheers guys for the points brought up.
Please don't think too ill us, it is merely hypothetical query we came across and we'd like an answer to in case it came up.
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Posted By rjohn.t
Thanks to those who have posted, the NEBOSH theory goes ......the employer is not expected to disclose information if it violates a legal prohibition.
My director has asked me to give him an example of when this could be used.
Again, hoping......
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