Legislation – Employment Rights Act 2025
Changes to legislation:
Employment Rights Act 2025, Section 136 is up to date with all changes known to be in force on or before 06 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 136:
- s. 136 coming into force by S.I. 2026/323 reg. 4(1)(37)
Part 5Enforcement of labour market legislation
Disclosure of information
136Disclosure of information: supplementary provision
(1)
A disclosure of information which is authorised by section 135 does not breach—
(a)
an obligation of confidence owed by the person making the disclosure, or
(b)
any other restriction on the disclosure of information (however imposed).
(2)
But nothing in section 135 authorises either of the following—
(a)
the making of a disclosure which would contravene the data protection legislation (but in determining whether a disclosure would do so, the power conferred by that section is to be taken into account);
(b)
the making of a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(3)
In subsection (2) “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
(4)
Section 135 does not limit the circumstances in which information may be disclosed apart from that section.