This Practice Note sets out the protection available for trade secrets and confidential information in a commercial context, in particular in cases where technical information is involved. It outlines the law under the Trade Secrets (Enforcement, etc) Regulations 2018 (Trade Secrets Regulations), SI 2018/597 and its interplay with common law principles of breach of confidence. This Practice Note also covers: • the way in which breach of confidence interacts with infringement of intellectual property rights and other causes of action • the definitions of ‘confidential information’, ‘trade secrets’ and ‘know-how’ and how these concepts are dealt with in a commercial context • case law relating to secondary liability, common design and knowledge of breach, as well as the position regarding subconscious use, derivative use and reverse engineering, and • the remedies that are available for breach of confidence, including injunctions, springboard injunctions, damages, account of profits, delivery up and destruction Introduction to the laws protecting confidential information and trade secrets in the UK Historically, the UK had no statutory

The name given to an organisation that represents the employment rights of a group of employees in a particular industry or company.

This Agreement is made on [insert date] Parties 1 [Name of employer], a company incorporated in England and Wales with registered number [insert company number] whose registered office is at [insert address] (Employer) and 2 [Name of union], of [insert address] (Union) together the Parties. 1 Commencement date 1.1 This Agreement commences on [insert commencement date] (the Commencement Date). 2 Purpose of the Agreement 2.1 This Agreement sets out the arrangements under which the Union may access the Employer's workplace and workers for the following purposes only: 2.1.1 to meet, support, represent, recruit and/or organise workers, whether or not they are Union members; and 2.1.2 to facilitate collective bargaining. 3 Workers and workplaces covered 3.1 This agreement applies only to the following workers: [describe grades, roles, departments, locations]. 3.2 This agreement applies only to the following workplace(s): [insert address/site details]. 3.3 If any workplace is not owned or controlled by the Employer, the Employer will take reasonable steps to liaise with the relevant site owner, landlord, client or operator so that access can be arranged. 4 Duration 4.1 This agreement commences on [insert commencement date] and will end on [insert end date], unless ended earlier in accordance with clause 17 (headed ‘Changes to the agreement’). 4.2 In

FORTHCOMING CHANGE: On 23 June 2026, the government published a response to the consultation Make Work Pay: protection from detriments for taking industrial action. According to the response, the government will introduce regulations prohibiting all detriments imposed on workers for the sole or main purpose of penalising, preventing or deterring them from taking industrial action. The regulations also add claims under section 236A of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) to TULR(C)A 1992, Sch 2, enabling employment tribunals to adjust compensation awards by up to 25% where there has been an unreasonable failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures. The draft Protection Against Detriment (Industrial Action) Regulations 2026 were published on 25 June 2026 and are set to come into force on 30 October 2026. For further information, see News Analysis: Government opts to prohibit all detriments for taking industrial action. This Practice Note will be updated in due course. Employers and employment agencies will typically wish to obtain

This Practice Note considers trade union liability for industrial action where immunity does not apply or is lost. It also covers the circumstances in which an act is deemed to be endorsed or authorised by a union, statutory limits on damages against a union and general principles relating to the granting of an injunction to stop industrial action. There is no positive right to organise or participate in industrial action in English law. At common law, industrial action will generally be unlawful. The trade union that organises industrial action will usually commit one or more of what are often called the ‘economic’ or ‘industrial’ torts. Those participating in industrial action will often be acting in breach of their contracts of employment. However, statute intervenes to provide immunity against tortious liability to a trade union organising industrial action, although this protection is subject to considerable and complex statutory control. In order to qualify for immunity, the action must: • be taken in contemplation or furtherance of a trade dispute (as defined) (see Practice Note: The right to

This Practice Note examines the process of applying to be listed as a trade union or certified as an ‘independent trade union’ and the role of the Certification Officer. The significance of independence and how it is assessed is also addressed. Guidance from the Certification Officer includes the following: Guidance Description Apply to be on the official list of trade unions or employers’ associations (February 2024) Guidance on eligibility, the application process and application form CO1 Apply to be removed from the list of trade unions and employers’ associations (February 2024) Guidance on how an organisation can be removed from the list of trade union and employer’s associations Apply for a Certificate of Independence (February 2024) Guidance for trade unions that want to prove that they are independent from employers Mergers between trade unions and between employers’ associations Guidance on transfer of engagements and amalgamations Listing One of the administrative functions of the Certification Officer (see Practice Note: The Certification Officer) is to maintain a list of trade unions,

Employment analysis: A job applicant has the right not to be refused employment because he is, or is not, a member of a trade union. In that context, protection extends to a job applicant who is refused employment because he takes part in activities that are the outward manifestation of union membership (such that to participate in those activities is an assertion of that membership). For example, if an applicant is refused employment because he had previously sought to be represented by a union in the workplace then he would be protected, according to the EAT.

An employer may 'recognise' a trade union for a number of different purposes, and at one of a number of different ‘levels’. On the other hand, even where a large number of employees are members of a particular trade union, the employer in question may not wish to recognise that union for any purpose, or at any level. In terms of purpose, an employer may recognise a union in respect of a number of specified matters relating to the employer’s relationship with its workforce, but not in respect of other such matters. Levels of trade union recognition Union recognition may be at a number of different levels in terms of the range of employees and premises covered. Moving from one end of the range to the other, a union may be recognised in respect of: • particular grades of worker at one factory • all of the workers at one factory • all workers at all of the employer’s premises • all workers at the premises of each employer within a group of companies • all workers in

This Practice Note examines the procedure for changes to union recognition, particularly if the bargaining unit is no longer appropriate or if it has ceased to exist. It also examines the consequences of the Central Arbitration Committee (CAC) imposing a new bargaining unit. It goes on to consider the various circumstances in which derecognition may take place. Administrative requirements Any application to the CAC under the procedures described here regarding changes affecting bargaining units must comply with certain requirements set out in Schedule A1, Part III to the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992). Any application to the CAC is not admissible unless: • it is made in the form that the CAC specifies • it is supported by such documents as the CAC specifies An application which is made by a union (or unions) to the CAC under Part III of Sch A1 is not admissible unless the union gives (or unions give) to the employer: • notice of the application, and • a copy of the application and any

The representative of a trade union who is elected by the employees to represent their interests in discussions with the employer.

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 28 March 2014; it is no longer maintained. See further, timeline and related cases. Case facts Outline UK merger investigation into the completed joint venture between Tradebe Environmental Services Limited and Sita UK Limited. Latest developments The CC unconditionally cleared the transaction on 28 March 2014, confirming its provisional findings that were published on 20 February 2014. Parties Tradebe Environmental Services Limited (Tradebe) and Sita UK Limited (Sita). Tradebe provides waste management services, including the collection and disposal of waste, throughout England, including the collection and disposal of clinical waste on behalf of the medical sector. It operates clinical waste treatment facilities in Doncaster, Birmingham, Bristol and Fawley. Sita also provides waste management services, including the collection

As defined in CA 2006, s 360C, a company with any shares which (a) carry rights to vote at general meetings, and (b) are admitted to trading on a UK regulated market or an EU regulated market by or with the consent of the company.