An employer, or an employee who receives information, can make an application to the Central Arbitration Committee (CAC) to decide if disclosing information would seriously harm the functioning of, or be prejudicial to, the undertaking. This applies where there is a negotiated agreement in place or the standard provisions apply. These requirements are set out in Regulation 26(2) of the Information and Consultation Regulations 2004.
You should make your application to the CAC under Regulation 26(2) of the Information and Consultation Regulations 2004. CAC can make a declaration and, if appropriate, order the employer to disclose the information.
Whether it is the employer or employee who makes the application, the CAC will ask the other party to respond to it.